Judgment

SINHA, C.J.I. : This appeal, on a certificate of fitness granted by the High Court under Art. 134(1) (c) of the Constitution, is directed against the order of a Division Bench of the Calcutta High Court, dated December 21, 1960, setting aside the order of acquittal passed by the trial Magistrate, dated July 2, 1958. We heard this appeal on the eve of the long vacation and pronounced our order to the effect that the appeal was allowed and the order of acquittal was to stand, and that reasons would be given later.

2. It appears that the appellant, who is a practicing lawyer, had been employed by the respondent to work for him to investigate the title to some property which the latters was about to purchase, sometime in October, 1952. The prosecution case was that the respondent had entrusted the sum of Rs. 5,000 to the appellant for depositing in Court in connection with an application in respect of the proposed transaction, under the Bengal Money Lenders Act, and that the appellant having been so entrusted with the money, in breach of trust, misappropriated the amount, thus causing loss to his client. The appellant was, therefore charged under S. 409 of the Indian Penal Code