Judgment

GOSWAMI, J. - The appellant, an advocate of 25 years standing, was charged under S. 420, Indian Penal Code. He was acquitted by the trial Court holding the matter to be of civil nature. The High Court of Madhya Pradesh on appeal at the instance of the complainant (the first respondent herein) set aside the acquittal and convicted the appellant under S. 420, I.P.C. and sentenced him to rigorous imprisonment for two years and to a fine of Rs. 600/-, in default further rigorous imprisonment for six months.

2. The complainant is the son of one Dinubhai, a senior partner of Dinubhai & Co., with its head office in Bombay and a branch office in Indore. There were two partners, namely, the complainants father and one M.C. Mehta. Mehta ceased to be a partner in the firm with effect from July 5, 1960. A civil suit was instituted by Dinubhai against Nai Duniya, Indore, a daily newspaper, impleading M.C. Mehta also as a co-defendant. The suit was decreed against Nai Duniya but was dismissed against M.C. Mehta with costs amounting to Rs. 612/- awarded to him. The complainant was acting as a junior to the appellant in this suit as well as in several other suits filed by the firm against o