1. The accused 1 and 2 in C.C. No. 621 of 1976, on the file of the Chief Judicial Magistrate, Devakottai, are the petitioners in this revision. The first accused was convicted under section 409 , Indian Penal Code, and the second accused was convicted under section 409 read with section 109, Indian Penal Code, and each was sentenced to rigorous imprisonment for nine months thereunder. They preferred an appeal C.A. No. 238 of 1977 before the Sessions Judge, Ramanathapuram Division, at Madurai, and the learned Sessions Judge, on a reappraisal of the materials, found no justification for interference, either with the conviction or the sentence and dismissed the appeal. The present revision is directed against the judgment of the Sessions Judge.

2. Mr. S.Pichai, learned Counsel for the petitioners, did not trouble me with the facts of the case on merits, but was content to put forth an argument that even on the facts pleaded and proved by the prosecution, there is no offence made out within the meaning of section 409 of the Indian Penal Code. The appreciation of this contention requires short delineation of the facts of the prosecution case. The first petitioner was the President