JUDGMENT

BEG, J.:—The appellant before us by special leave was charged as follows by the Presidency Magistrate of Bombay:

"I. B. P. Saptarshi, Presidency Magistrate 6th Court, Mazgaon, Bombay, do hereby charge you:

Karnal Singh S/o. Uttam Singh as follows:

"That you on or about the 20th day of February, 1968 at Bombay along with one Balwant Singh s/o. Uttam Singh who has absconded, at 171, Kazi Sayyed Street, being entrusted with certain property to wit M/Lorry No. 7372 valued at Rupees 52,000/- belonging to the complainant Shankar Dhondiba Sutar as driver committed criminal breach of trust in respect of the said property and aided and abetted to the absconding accused in commission of the said offence and thereby committed on offence punishable under Sec. 408 r.w. 114 of the Indian Penal Code and within my cognizance.

And I hereby direct that you be tried by me on the said charge."

2. The prosecution evidence in the case was: One Shankar Dhondiba sutar a member of the Ex-Servicemen Transport Co-operative Society Ltd., Bombay, had purchased the truck No. MRS 7372 after taking a loan of Rs. 50,000/- from the Society out of which he had paid up Rupees 43,000/- He had entrusted Balwantsing