JUDGMENT

FAZAL ALI, J. :— This appeal by special leave is directed against the judgment of the High Court of Delhi dated 21st October, 1975 by which the High Court set aside the order of the Magistrate discharging the appellant and directed his commitment to the Court of Session.

2. The facts of the case have been detailed in the judgment of the High Court and that of the trial Court and it is not necessary for us to repeat the same all over again. It will be enough to say that the complainant Pratap Bhanu Prakash Singh purchased 27,000 shares of Rohtas Industries which were entrusted to the appellant against a loan of Rs. 1.82 lacs advanced by the appellant. Accordingly, the allegation was made in the complaint that the appellant committed a breach of trust of the amount covered by the share by selling them against the express directions of the complaint. The allegations were denied by the appellant who put forward a plea tha there was no entrustment but the shares were placed in the hands of the appellant as security and therefore the question of breach of trust did not arise. In view of the allegations and counter allegations made by the parties, we are not inclined to go into th