Judgment

GOSWAMI, J. - This appeal by special leave is directed against the judgment of the High Court of Madhya Pradesh convicting the appellant under S.409, I.P.C. and sentencing him to one years rigorous imprisonment and to a fine of Rupees 250/-, in default further rigorous imprisonment for three months, in appeal against acquittal at the instance of the complainant (first respondent herein).

2. The appellant is a senior lawyer of 25 years standing in Indore and the complainant was acting as his junior. The complainants father, Dinubhai, was the senior partner of a firm of Chartered Accountants, M/s. Dinubhai & Co., with its registered office in Bombay and a branch office in Indore. The Indore office was looked after by the second partner, M.C. Mehta. It appears that the firm was dissolved on July 5, 1960, when Mehta ceased to be a partner and Dinubhai appointed the appellant as counsel and attorney for filing suits and for recovering dues from various parties. Dinubhai filed a suit, being suit No.13 of 1962, for recovery of Rs.12,500/- in the court of the Third Additional District Judge, Indore, impleading M. C. Mehta and one Chandulal Shah as defendants in that suit. Although t