JUDGMENT:

1. Being aggrieved by the judgment and order dated 19th November, 2002 passed by the learned II Additional Sessions Judge, Dhule in Criminal Appeal No.10 of 1999 Appellant / State has preferred Criminal Appeal No.579 of 2003. Criminal Revision Application No.248 of 2003 is preferred by original Complainant Dhule Motor Owners Cooperative Consumers Society. By the said judgment and order learned Additional Sessions Judge acquitted Accused No.1 of the offence punishable under Section 408 of the Indian Penal Code.

2 For the sake of convenience Respondent is referred in his original status as Accused as he was referred before the Trial Court.

3 Facts as are necessary for deciding the present appeal and revision application may be stated as follows:

i. On 16th January, 1994 Complainant Rajkumar Bhasin, Secretary of Dhule Motor Owners' Co- operative Consumer Society lodged report with Azadnagar Police Station, Dhule alleging therein that audit of Society for the period from 1st April, 1992 to 31st March, 1993 was carried by Auditor Dalal and Company. On receipt of audit report it was revealed that an amount of