* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 332 OF 2008 Shri.Hemandragiri Wamangiri Gosavi Hereditary Trustee of Vajreshwari Yoginidevi Sansthan Vajreshwari Tal.Bhiwandi, Dist-Thane .....Applicant V/s. 1. The State of Maharashtra .....Complainant 2. Shri.Prabhakar Pashuram Patil 3. Shri.Vasant Ganu Patil ....Respondents/Accused ========= Shri.V.P.Patil a/w.Shri.A.P.Bagwe, adv.for applicant. Ms.S.V.Gajare, APP for State-respondents. CORAM : SMT.R.P.SONDURBALDOTA, J. DATED : 17TH AUGUST, 2009. P.C. :- 1. Heard counsels for both sides. 2. This Revision Application is preferred to challenge correctness and legality of the order of acquittal dated 28th March, 2006 passed by the court of Judicial Magistrate First Class, Bhiwandi, District- Thane in Criminal Case No.35 of 1999 against the respondents under Section 409 read with Section 34 IPC. 3. The applicant who is the original complainant, is the hereditary trustee of of Vajreshwari Yogini Devi Sansthan Vajreshwari, District- * 2 * Thane, which is a public trust. It is alleged by him in the complaint that respondent no.1 who at the relevant time was the Chairman of the trust and respondent no.2 an employee had misappropriated the amounts of donations received by the trust from the devotees. 4. I have carefully gone through the impugned judgment. The evidence before the Court shows that respondent no.2, the employee was not working as an Accountant at the relevant time. It is alleged by the applicant that respondent no.1 had misappropriated the amount through respondent no.2. The learned Judge has rightly acquitted respondent no.2 as he was not concerned with the work of accounting at the relevant time. As regards the allegation against respondent no.1 is concerned, since he is alleged to have committed the offence through respondent no.2, he has been rightly acquitted after the acquittal of respondent no.2. There is no error or illegality in the impugned judgment and order. Hence, the Criminal Revision Application is dismissed. [SMT.R.P.SONDURBALDOTA, J]