JUDGMENT

Anubha Rawat Choudhary, J. - Heard Mr. Abhishek Kumar, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Leena Mukherjee, learned counsel appearing on behalf of the State.

3. This revision application has been filed against the judgment and order of sentence dated 26.09.2005 passed by the learned Judicial Magistrate, 1st Class, Daltonganj in G.R. Case No. 622 of 1996 (T.R. No. 246/05), whereby the petitioner has been sentenced to undergo Simple Imprisonment for two years and to pay a fine of Rs. 1,000/- and in default of payment thereof to further undergo Simple Imprisonment for three months under Section 408 of Indian Penal Code, which has been affirmed by the learned Sessions Judge, Palamau at Daltonganj in Criminal Appeal No. 112/05 with a modification that the sentence is reduced to S.I. for a term of one year instead of two years vide order dated 31.07.2008.

4. The learned counsel for the petitioner submits that upon perusal of the impugned judgment passed by the learned Lower Appellate Court, it appears that the learned Lower Appellate Court has clearly recorded in Para-11 of the impugned judgment that there is no defalcation of any money or misappro