Judgment

Chandrasekhara Aiyar, J. - The facts out of which this Criminal Appeal has arisen are not long. The appellant, W. H. King, who is carrying on a business in Bombay under the name and style of Associated Commercial Enterprises, was the tenant of a flat on the second floor of a building called "Ganga Vihar", Marine Drive, Bombay which belongs to a lady named Durgeshwari Devi. The tenancy was a monthly one the rent being Rs. 215. It is said that the appellant wanted to go to the United Kingdom for treatment of his failing eyesight and he got into touch with the complainant Mulchand Kodumal Bhatia, who is respondent 2 in this appeal, through one Sayed for the purpose of making necessary arrangements about the flat occupied by him in view of his intended departure. The prosecution case is that the accused demanded a sum of Rs. 30,000 which was later on reduced to Rs. 29,500 as consideration for putting the complainant in vacant possession of the flat and an additional amount of Rs. 2,000 for the furniture, and that the complainant agreed to pay these sums. The complainant actually paid the accused two sums of Rs. 500 each on 7-11-1948, and 17-11-1948. He however, got into touch w