Judgment

BHAGWATI, J.: This is an appeal by special leave from the judgment of Mr. Justice K. C. Chunder of the High Court of Judicature at Calcutta in Criminal Revision No. 84 of 1952 setting aside an order of acquittal passed by the Presidency Magistrate, Calcutta in Case No. C/639 of 1951.

2. The Appellant was the Agent of the Calcutta branch of the Loyal Bank Ltd. from September 1938 to January 1948. The complainant, one Kshitish Chandra Mukherji opened an account with the said bank in about 1946 and he effected certain transactions in shares and securities through Messrs. J.M. Dutta, stock brokers at Calcutta. These shares and securities were purchased and sold by him on personal instructions given by him to the Appellant in that behalf and the purchase and the sale price of the shares used to be debited or credited as the case may be to his said account.

Towards April 1946 the complainant had with him 200 Burmah Corporation shares and 200 B. B. Petrol shares and it was his case that he left Calcutta towards the end of March 1946 entrusting these shares to the Appellant and only returned to Calcutta towards the middle of June 1948. The bank is the meantime encountered financial d