THE HONOURABLE SRI JUSTICE B.N. RAO NALLA CRIMINAL APPEAL No.1538 OF 2001 JUDGMENT: On 07-02-2011, as none appeared for the appellant – accused No.2 and as there was no representation on his behalf, the matter was adjourned to 08-02-2011 and on 08-02-2011 also, in spite of the matter being listed as first case under the caption for “final hearing”, none appeared for the appellant. Hence, the matter was directed to be listed today under the caption “for orders.” Today also, there is no representation on behalf of the appellant though the matter is listed under the caption “for orders.” 2. Coming to the merits of the case, while the appellant was working as Manger of Sri Mrutyunjayeswara Co-operative Weaver’s Society, Anguru Kancharam Village (hereinafter referred to as “Society”), which is affiliated to District Co-operative Central Bank Limited, Srikakulam, alleged to have not entered the amount of sales amounting to Rs.79,538-80 paise in the cashbook along with A-1 and A-3. The plea taken by the appellant before the trial Court was that the said amount was shown towards the credit sales under Ex.P-2 and the customers/members did not pay their dues to the Society. However, from the evidence of the prosecution witnesses, it is clear that the plea taken by the appellant before the trial Court is unsustainable as the evidence recorded is to the effect that all the accused in the case made sales of finished goods of Rs.79,553-80 paise as per Ex.P-2 entries. However, the said amount was not shown in the cashbook on the relevant date and there is no satisfactory explanation on the part of the accused about the same. Therefore, the trial Court has not erred and it has not taken a perverse view in convicting the appellant along with A-1 for the offence under Section 409 IPC read with 79(f) of A.P. Cooperative Societies Act while acquitting A-3 for the said charge and all the accused for the second charge. Thus, I see no merits in this appeal, as such, the same is liable to be dismissed. 3. Accordingly, the Criminal Appeal is dismissed and the judgment of the trial Court in C.C. No.57 of 1999 is confirmed. _________________ B.N. RAO NALLA, J February 9, 2011. PV