( 1 ) THIS Rule is directed against an order of acquittal.

( 2 ) THE petitioner's father Kali Charan Mukherjee, since deceased was the complainant in a case of cheating against the opposite party. Kali Charan was a retired Magistrate. On or about 9-8-1947, the opposite party represented to the complainant that he was in a large way of business and that pending the payment to him of a bill which was due to him from Messrs. Birla Bros. , Ltd. he required a temporary loan of Rs. 5,000/ -. The opposite party asked the complainant for the loan and promised to repay it by 7-11-1947, at the latest. The complainant's case was that by reason of the said representations, which he believed, he was induced to deliver to the opposite party a cheque for Rs. 5000/- which the opposite party in due course cashed. According to the complainant, in order to create confidence in his mind, the opposite party deposited with the complainant as security two policies of life insurance for Rs. 10,000/-and Rs. 1,000/- respectively. As the opposite party failed to repay the loan, the complainant became suspicious and caused enquiries to be made and learnt that the policies concerned had lapsed bef