ORDER

1. The applicant/accused was convicted for the offence punishable under section 408 of the Indian Penal Code and was sentenced to suffer R.I. for three months and to pay a fine of Rs. 5000/- in each case, in default to suffer R.I. for six months. These orders were passed by the learned Additional Chief Judicial Magistrate, Pune on 12th March, 1997 in C.C. Nos. 80 of 1990 and 81 of 1990, which were confirmed by the learned Sessions Judge, Pune by the judgments and orders dated 11th January, 2002 by dismissing Criminal Appeal Nos. 49 and 50 of 1997 respectively.

2. In the year 1985-86, the applicant/accused was working as a Secretary in Vadgaon Nimbalkar Vividh Karyakari Sahakari Society Limited, Vadgaon Nimbalkar and he was in charge of all account books record. He was also looked after the audit of the society. During the audit of the accounts for the period from 1st July, 1984 to 30th June, 1985, misappropriation of Rs. 81592.43 was found. Hence, Mr. M.S.Kshirsagar, Auditor of Co-operative Societies, Baramati lodged a complaint against the applicant/accused and the offence was registered against him on 7th February, 1987.

3. As per the case of the prosecution, there was misap