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The result of these proceedings was that, among others, the important witnesses such as the' two Civil Surgeons during whose period the alleged misappropriation took place, as well as the auditor, were examined on commission by interrogatories, even though the prosecution-as also the accused were anxious that at least the most important of them should be examined in court. The cross-interrogatories submitted by the accused deal with the points raised in the questions put in examination-in-chief. The interrogatories were answered by the witnesses before the officer to whom the commission was issued and it is as the result of the evidence so taken that the accused has been convicted. As stated in the judgment of the High Court the defence of the accused was that the undisbursed amounts were kept in the safe in the office and were disbursed on later occasions though the cash books showed that the disbursements were earlier. In short, the case comes to this, that even though in the cash books there have been entries of disbursements on particular dates, the actual disbursements took place later and during the intervening period the money remained in the safe itself without the appellant having had any dominion or possession over the same. If that is so, no question of criminal misappropriation would arise. The learned Judges of the High Court considered this defence as unacceptable and in view of ,he admissions contained in Ex. P. 8, they came to the Conclusion that there has been -a temporary misappropriation of the amounts. In the view which we take in consequence of the arguments advanced before this court and the facts above noticed from the record, it has become unnecessary and in fact inexpertness to express any opinion regarding the truth or otherwise on either the prosecution version or the defence case. At the stage at which the important witnesses for the prosecution were directed to be examined by interrogatories on commission, it was evident that the plea of the accused could not have been before the court and no assumption can be made as to how the case was going to get shaped later on.