ORDER :

Rajeev Kumar Shrivastava, J.

1. This order will govern the final disposal of Criminal Revision No. 856/2017 and Criminal Revision No. 874/2017 as both the petitions arise out of common judgment. The facts necessary for adjudication of this matter are taken from Criminal Revision No. 856/2017.

2. This petition under Section 397/401 of Cr.P.C. has been preferred by the petitioner challenging the judgment dated 22.08.2017 passed by Second Additional Sessions Judge, Karera District Shivpuri in Criminal Appeal No. 115/2017 whereby confirming the judgment dated 18.02.2017 passed by Judicial Magistrate First Class, Karera in S.T. No. 602/2007 wherein the Court below has convicted the petitioner for the offence under section 409 of IPC and sentenced to three years RI with fine of Rs. 2000/- with default stipulation.

3. Prosecution story, in short, is that Chief Executive Officer, Janpad Panchayat, Narwar, District Shivpuri made a complaint to the Police Station alleging that during the period when the present petitioner was posted as Secretary and revisionist Babu Singh was posted as Sarpanch in the financial year 2005-06 & 2006-07 has withdrawn and amount of Rs. 7,32,495/- for constru