Short Note : 1. Appellant had challenged his conviction under section 409 IPC. He was a Clerk in the Polytechnic Institute, Jabalpur. The petitioner received fees from students to the extent of Rs. 616 but did not deposit them in the Bank and also did not account for it in the books maintained for the purpose. 2. Held: Clearly the explanation of the petitioner that he had left the money received in a cash box is not true because he was' not in a position to' deposit the whole amount in the Bank in one. installment later on. On the admission of the petitioner himself an amount of Rs. 200 was deposited on 17-1-1970 and the amount of Rs. 416 on 24-1-1970 The fact of the 'petitioner. not having been in a position to deposit the entire amount at once proves to the hilt that, even though for a short period, he had retained the amount for his own use. His defence that, he had left the amount in the cash box of the institute, is not believable. In Re Shankar Rao Govind Rao Bhonsle, 1966 Cr. LJ 970 relied on. Petition dismissed.