L. MOHAPATRA, J. ( 1 ) :- This appeal is directed against the judgment and order dated 29th of January, 1986 passed by learned Addl. Sessions Judge, Sambalpur in Cri. Appeal No. 35 of 1983 allowing the appeal and acquitting the respondent of the charges. ( 2 ) ). It appears from the record that the appellant was the complainant before the learned J. M. F. C. , Sambalpur alleging commission of offence u/s. 409 of the Penal Code by the respondent. The learned trial Court found the respondent guilty of offence u/s. 408, I. P. C. and sentenced him to undergo imprisonment for a period of 2 years and pay fine of Rs. 2,000. 00. Challenging the said order of conviction and sentence, an appeal was filed by the respondent. The aforesaid appeal having been allowed, the complainant has filed the present appeal against the order of acquittal passed by the appellate Court. The learned counsel referring to the findings of the learned J. M. F. C. , Sambalpur vehemently submitted that in spite of evidence available on record, the lower appellate Court acquitted the respondent of the charges on the grounds which are not sustainable in law. ( 3 ) FROM the impugned judgment, it appears that no document was placed before the Court to indicate that the respondent at any time was entrusted with the money of the society. The witnesses examined on behalf of the prosecution also did not say about such entrustment of money to the respondent. The learned Addl. Sessions Judge, Sambalpur while hearing the appeal has taken note of the said evidence and came to a finding that there is no evidence to prove entrustment of the money to the respondent. On careful perusal of the evidence available on record. I do not find any reason to differ with the findings of the learned lower appellate Court. Since entrustment has not been proved the conviction u/s. 408, I. P. C. could not be sustained and accordingly the lower appellate Court was justified in acquitting the respondent of the charge. Since, I do not find any merit in the appeal, the same stands dismissed. Appeal dismissed.