Judgment

GAJENDRAGADKAR, J. : This appeal by special leave is directed against the order passed by the High Court of Madras by which the order of acquittal passed in favour of the appellant by the trial magistrate has been set aside and the proceedings have been remitted to the court below for disposal in accordance with law. The appellant is a pawn-broker of Ambattur near Madras. He had a Katha account with the complainant Jalamchand Lodha under which on November 3, 1956, he owed him Rs. 15,000; as security for the said sum and in accordance with the custom obtaining in Katha transactions the appellant had placed gold and silver jewels valued at about Rs. 15,000 in a locked box kept with the said complainant, the key of the lock remaining with the appellant. The case against the appellant was that he visited the complaint s house between November 3, 1956 and April 9, 1957 for transacting business with him when he opened the locked box and took away a large number of gold and silver jewels. On April 9, 1957, the complainant discovered that the appellant had removed from the said box jewels and silver articles worth Rs. 14,000 without his knowledge or consent. On these facts alleged