Judgment

GAJENDRAGADKAR, J. : The appellant Dharamdas Hukamatrai Dorwani was charged with having committed an offence under S. 420 of the Indian Penal Code in that on or about March 22, 1953 he cheated chhotubhai Nagarji Desai by dishonestly or fraudulently inducting him to enter into and execute an agreement (Ex. F) on March 22, 1953 and to pay Rs. 2,875 and consent to appropriation towards the payment due under the said agreement earlier payments of Rs. 9,875 made by him on and between March 9, 1952 and July 14, 1952 in respect of Flat No. 15 in the Dorwani Mansion and a shop on the representation that the building, the shop and the land on which they stood were owned by him and were not subject to any mortgage. The learned trial magistrate who heard the case held that the charge had not been proved against the appellant beyond a reasonable doubt. The appellant was accordingly acquitted. The State then preferred an appeal against the said order of acquittal in the High Court at Bombay. The High Court held that the order of acquittal was wholly improper and that the charge against the appellant had been clearly proved beyond a reasonable doubt. That is why the High Court set aside