ORDER : This is a revision by one Kedar Nath, against his conviction under R. 409, I.P.C. and sentence of three years' rigorous imprisonment.

2. In the district of Deoria there is a Cooperative Federation at a place known as Bodarwar. In the beginning of the year lass the Federation resolved to run a brickkiln and by resolution No. 3 dated 13-1-1958 the Federation resolved inter-alia that a Manager and a Chaukidar be engaged for running the brick-kiln (Vide page 21 of the Minute Book Ex. VIII). On 23-1-1958 by resolution No. 4 (Ex.Ka.16) the Federation decided to appoint Kedar Nath, the applicant, as Manager on a monthly salary of Rs. 55/-. The Federation held a meeting on 1-3-1958 in which it appointed a committee for the supervision of the brick-kiln by resolution No. 5-B. This committee consisted of several gentlemen other than the applicant, the Manager. This resolution also stated that the entire responsibility in respect of the brick-klin shall be of the Manager as well as of the Managing Committee. The applicant admittedly worked as the Manager of the brick-kiln.

3. It appears that after sometime the applicant was suspended from the office of the Manager as certain co