The appellant went in appeal to the High Court of Calcutta.
1,769 out of Which a sum of Rs.
Certain bills were drawn under the heading 38 Medical.
Appeal from the judgment and order dated June 15, 1961, of the Calcutta High Court in Criminal Appeal No.
1,763 6 0 was to be received in cash.
He used to prepare bills of the establishment, to present them at the ,Sub treasury and later present them at the State Bank at Barrackpore, to receive payment in cash and to make over that amount to the Sub Divisional Health Officer.
5 10 0 was to be credited in the Postal Life Insurance Ledger and the balance of Rs.
Certain bills were to be drawn under the heading 39 Public Health.
156 of 1961.
On October 5, 1956, the appellant presented a bill for Rs.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
745 of 1959.
Divisional Health Officer at the instance of the Accountant General and on enquiry it was found that numbersuch bill had been actually presented by his office for encashment and that numbersuch amount was received by him.
This bill was duly passed by the Sub Treasury and was subsequently presented to the Bank on October, 6, 1956 for payment of Rs.
This led to a companyplaint and further enquiries and investigation which ended in the prosecution of the appellant.
March 6, 1964.
The appellant was a clerk in the office of the Sub Divi sional Health Officer at Barrackpore in 1955 56.
The Judgment of the Court was delivered by RAGHUBAR DAYAL, J. Sunil Kumar Paul has preferred this appeal, after obtaining a certificate from the Calcutta High Court under Art.
K. Chakraborty and P. K. Bose, for the respondent.
N. Mukherjee, for the appellant.
The facts leading to the appeal are these.
Some other bills were drawn under other headings.
134 1 c of the Constitution.
