Judgment

BHAGWATI, J. : This is an appeal by special leave from a decision of the High Court of Judicature at Calcutta upholding the conviction of the Appellant under Section 420 of the Indian Penal Code and the sentence of one year s rigorous imprisonment passed upon him by the Additional Presidency Magistrate of Calcutta.

2. The Appellant agreed to purchase from the complainant Dulichand Kheria 25 ingots of tin on the 5th May 1951. The complainant had in his stock 14 ingots only and purchased 11 ingots from the firm of M. Golam Ali Abdul Hossain. These 25 ingots were to be delivered by the complainant at the guddi of the Appellant and it was agreed that the price which was fixed at the rate of Rs. 778 per cwt. and amounted to Rs. 17,324/12/6 was to be paid by the Appellant against delivery. The Jamadar of the complainant went to the Guddi of the Appellant. The Appellant took delivery of the ingots but kept the Jamadar awaiting and did not pay the price to him. The Jamadar waited for a long time. The Appellant went out and did not return to the Guddi and the Jamadar ultimately returned to the complainant and reported that no payment was made though the ingots were taken delivery of