Judgment

CHANDRACHUD, J. :- The appellant who was accused No.3 in the court of the learned Judicial Magistrate, 1st Class, Buldana, was tried along with two others under S.408 of the Penal Code on the charge that he committed breach of trust in respect of a sum of Rs.7,000/-. The learned Magistrate convicted all the three accused and sentenced the appellant to rigorous imprisonment for six months. The learned Sessions Judge, Buldana, in appeal, acquitted accused No.1 but maintained the conviction and sentence of the appellant and of accused No.2. That order having been confirmed by the High Court, Bombay, Nagpur Bench, accused No.3 has brought this appeal by special leave.

2. The three accused were employees of the Chikhli Taluka Sahakari Shetki Kharedi Vikri Samiti Ltd., Chikhli. The Samiti had its head office at Chikhli and a branch office at Buldana. Accused No.1 was working as an accounts clerk at the Buldana branch, accused No.2 was an accounts clerk usually stationed at Chikhli while the appellant, being the Manager, used to look after the work of both the head office and the branch office, the distance between the two being about 15 miles.

3. The Samiti used to receive large am