( 1 ) THIS is a revision from the judgment dt. 14th July 1983 of the additional Sessions Judge, Datia in Criminal Appeal No. 42/81, dismissing that appeal preferred by the applicant against an order of conviction under S. 408 I. P. C. , carrying one year's rigorous imprisonment therewith, passed by the Chief Judicial Magistrate, Datia on 28-7-1981 in regular Criminal Case No. 750/77.

( 2 ) THE trial was however on a charge under S. 409 of the I. P. C. in the following terms :"that you, between the 2nd day of March, 1975 to 28th of April, 1975, at village Jhujharpur (P. S. Indargarh), as Chairman of the Sewa Sahakari Samiti, Jhujharpur, and a banker, and public servant, and in such capacity being entrusted with certain property, to (Illegible) a sum of Rs. 5,845/-, committed criminal breach of trust in respect of Rs. 2,936/-, and thereby committed an offence punishable under S. 409 of the I. P. C. "

( 3 ) THE Magistrate who decided the case held in paras 6, 7 and 8 of his judgment that during the material period of time, applicant Narayan Singh was the Chairman of the Vrihatakar Sewa Sahkari Samiti Maryadit, Jujharpur but was not a public servant or a banker. These fin