ORDER This is a revision on behalf of one Samresh Singh, who has been convicted under S.408, Penal Code, by the learned Additional Sessions Judge of Bahraich and sentenced to three months rigorous imprisonment and a fine of Rs.200/-, in default two months rigorous imprisonment. This case has had a chequered career. The accused, along with his father, Kumar Singh, was prosecuted under S.408, Indian Penal Code. The accused was charged with having embezzled Rs.1,864/2/9 in his capacity as an agent of Chandra Bir Singh. This amount is alieged to have been embezzled between 20-3-1949 and 10-6-1949. The father of the accused Kumar Singh was also alleged to have embezzled a sum of Rs.1,500/- and he was also charged, along with the accused in this case, for having committed a breach of trust in respect of that amount and the accused was charged with having abetted his father in the commission of the said offence.

2. The learned trial Court acquitted the accuseds father in respect of the offence for which he was charged as well as the accused-applicant for abetment of the same. As regards the amount of Rs.1,864/2/9 in respect of which the applicant was charged under S.409, (sic.) the Magist

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