N.K.Kapoor, J.

1. State of Haryana has filed this appeal against the order of Sub-Divisional Judicial Magistrate, Bahadurgarh dated 27.4.1983 whereby the accused was ordered to be acquitted of the charge levelled against him.

2. The case of the prosecution in brief is that an amount of Rs. 1,442.55P was due from Bhim Singh accused cashier of Noona Majra Agricultural Co-operative Society. This amount was detected by inspector Co-operative Societies Bahadurgarh while checking the record of the society since the signatures of Bhim Singh Ex. Cashier were found in the Rokar Bahi page No. 14. The inspector Co-operative Societies gave this information to the Assistant Registrar, Co- operative Societies, Rohtak. The Assistant Registrar, Co-operative Societies, Rohtak informed the Senior Superintendent of Police, Rohtak. On the information given by Assistant Registrar, Co-operative Societies, Rohtak F.I.R. No. 195 dated 7.6.1979 under Section 409 I.P.C. was registered. The accused was arrested and on completion of necessary investigation he was challaned under Section 409 I.P.C.

3. Though initially, the challan was put under Section 409 I.P.C. but on consideration of documents, prim