SPLA No. 10 of 2004 Hon’ble Prafulla C. Pant, J. Mr. B.S. Parihar, Brief Holder, present for the appellant / applicant. Heard. This is an application for leave to appeal against the order dated 23.07.2004, passed by Judicial Magistrate, Khatima, in Criminal Case No. 1021 of 1986, State Vs. Umesh Chandra Srivastava, whereby accused respondent has been acquitted of the charge of offence punishable under Section 409 of I.P.C. I have considered submissions of learned counsel for the appellant / applicant, and also perused the impugned judgment and order, passed by the trial court. The trial court after considering the evidence of the prosecution witnesses and that of defence witnesses have come to the conclusion that an amount of Rs. 11,600/- which is said to have been paid to the accused respondent was not misappropriated, rather, well explained by the accused on the record, as to how the same was spent by him in purchasing material for the Kishan Sahkari Chini Mills Ltd, Sitarganj. Having considered submissions of learned counsel for the appellant / applicant, and after going through the impugned judgment and order, passed by the trial court, this Court does not find any error of law committed by the trial court. Therefore, leave to appeal is rejected. Th e appeal is dismissed summarily. (Prafulla C. Pant, J.) 21.07.2010 HN