Short Note : This is an application for grant of leave to appeal against the order of the learned Chief Judicial Magistrate, Shivpuri in case No. 113/74, in which he has acquitted the non-petitioners of offence under sections 409 and 468 of the Indian Penal Code by his judgment dated 30-9-1977. Held : Both the accused have denied that they have committed any offence. The trial Court, after taking evidence, has acquitted both the accused. The trial Court in its judgment in para 5 has held that looking to Ex. P/7, it seems that the Food Corporation of India received the food grain for which the bill Ex. P/7 is prepared and it is not proved also that the grain was not received by the Corporation. Therefore, it cannot be said that Ex. P/7 is a forged document. The debit vouchers Ex.10 and Ex.P/11 do not bear the signatures bf the person who prepared them. They do not refer to the cash transactions but only regarding the grain and as it is not prayed that the grain was not received by the Corporation, therefore, it cannot be held that the entries are wrong and if entries are not wrong, then there cannot be any misappropriation of that amount. We think, this finding of the trail Court is correct. The trial Court has also taken into consideration two entries, namely, entries dated 15-1-1969 for Rs. 8,300 and of 7-2-1969 for Rs. 1,876. These entries are in the cash book and they are on credit side. These entries are of the account books of the Food Corporation of India. Therefore, on 13-1-1969, the amount of Rs. 10,078.75 was entered wrongly cannot be accepted. When the entries of the Food Corporation of India show that this amount was in their account books. It also cannot be held that the accused misappropriated this amount. We are also of the opinion that this finding of the trial Court is also correct. 2. The amount of Rs. 5,000 dated 1-2-1969 was not in fact an amount which was received by the Society, but it was regarding the adjustment of the former entries. No actual cash transaction took place on that day and this is also not indicated by this entry. 2. The amount of Rs. 5,000 dated 1-2-1969 was not in fact an amount which was received by the Society, but it was regarding the adjustment of the former entries. No actual cash transaction took place on that day and this is also not indicated by this entry. To come to this conclusion, the lower Court has taken into account all the documents before it and we also held that that finding also of the trial Court is correct. 3. The last item is regarding the amount of Rs. 3,547.42. This entry is regarding the amount paid for the sale of Makka. Actually, there was no payment of Rs. 3,547.42. In this case also, taking into consideration the evidence produced by the prosecution and defence, the trial Court has come to the conclusion that because of change of the figure by Rs. 3,000, there was no change in the balance and as such, as there was no difference in the balance itself, no amount came to the hand of any of the accused and as no amount came to the hands of the accused, it cannot be said that they have misappropriated the amount. This finding also, we think which the trial Court has given, is correct. The prosecution also has not proved in this case that there was entrustment of the cash to these two accused persons and unless entrustment is proved, it cannot be said that there was any misappropriation by them. It has not come in evidence also that they were dealing with the cash and as long it is not proved that they were dealing in the cash, the question of entrustment of cash does not arise and if entrustment is not proved, there could not be any misappropriation. 4. As far as offence under section 468 IPC is concerned, the Court has held that it is not proved that anybody has committed any forgery. We are also of the same opinion. 5. This being the position of the case, we think that there is no ground for giving leave to file an appeal against the acquittal. The grant of leave is accordingly refused. Leave refused.