The main legal point established is the application of Section 360(1) Cr.P.C. and Section 4(1) of the Probation of Offenders Act, 1958 to release the petitioner on probation of good conduct and compensate the Cooperative Bank for the loss.

Aggrieved over the conviction and sentence for the offence under Section 408 and 477

(A) IPC, the petitioner has filed these revisions.

2. The brief facts of the cases are as follows:-

The petitioner was working as the Secretary of the Kandipedu Primary Agricultural Cooperative Bank. Before that he was appointed in the Society on 163.1987 as a Clerk and after completing 4 ½ years of service he was posted as the Secretary on the basis of resolution dated 26. 1991. As the secretary of the Society he was entrusted with the wealth of the Society both movable and immovable and he was to collect the loans and advances from the beneficiaries and to issue receipts, maintaining and updating cash chitta, daily ledger, supervising the village fair price shops and inspecting the fair price shops etc., Cheques of the Bank should be signed by the Secretary as well as the Special Officer. The departmental inspection of the Kandipedu Primary Agricultural Cooperative Society for the period 7. 1991 to 30.6.1992 was conducted by one Dasarathan. He found serious misdeeds such as misappropriation of Societys fund, wrong entries in the ledger, cash chitta, deliberate commissions of receipts and purported falsification of accounts committed by the revision petitioner. On the basis of the inspection report, P.w.9, Krishnan, the Deputy Registrar of Cooperative Societies initiated criminal proceedings by lodging a complaint in Ex.P.12.

3. On the basis of the complaint, a case in Cr.No.11/93 under section 408, 409 and 477 (A) IPC was registered against the revision petitioner and one Annamalai, the clerk of the Society as found in Ex.P.110. P.w.14, Balakrishnan, the Inspector of Police took up the investigation, enquired P.w.9, Krishnan and recorded his statement. The witnesses who were acquainted with the facts were examined and their statements were recorded. The documents which were found necessary for investigation were secured from the Society. Thereafter, P.W.15 Deivasigamani, the Inspector of CCIW took up further investigation and enquired the witnesses and collected all the materials. Upon the conclusion of the investigation final report was filed against the revision petitioner as there was a prima facie case against the accused.

4. Before the learned Judicial Magistrate, Vellore charges under Section 408 and 477

(A) IPC (2 counts) were framed against the accused, read over and explained to him. Since the accused pleaded not guilty, the trial commenced. On behalf of the prosecution P.W.1 to P.w.15 were examined. Exs.P.1 to P.110 were marked. On behalf of the accused, no witness was examined and no document was produced. On the basis of the materials made available, the trial court convicted the accused in the four Calendar Cases under Sections 408, 409 and 477(A) IPC and sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.2000/= in default to under go 6 months R.I., for each of the offences and under Section 477(A) IPC, sentenced him to undergo one year R.I., Against the conviction and sentence, the accused preferred four Criminal Appeals in Crl.Appeal Nos:28 to 31 of 2002 before the learned Additional Sessions Judge, Vellore. The learned Appellate Judge rightly set aside the conviction and sentence of the accused for the offence committed under Section 409 IPC and acquitted the accused since the conviction and sentence has been passed by the trial court without even framing the necessary charge. The learned Appellate Judge rightly observed that though the Criminal Procedure code permits punishing an accused on a lesser offence when the greater offence has been charged even in the absence of specific charge, the reverse is not possible, because of the Latin maxim Audi Alteram Partem. Aggrieved of the same, the present revisions are filed by the accused/revision petitioner.

.5. Based on the investigation, the police filed four final reports comprising different periods and under different categorie