Harries, C.J.

[1] This is an appeal by one Matilal Chakravarti who was convicted by a learned Additional Presidency Magistrate of an offence Under Section 420, Penal Code and sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 500. In default of payment of the fine he was ordered to undergo a further period of six months' rigorous imprisonment.

[2] The complainant in the case carried on business in the firm name of the Indo Trading Company with offices at No. 11, Netaji Subhaa Road. According to the complainant the appellant Matilal Chakravarty accompanied by one Amarriath Bhattacharyya, who was known to the complainant, came to him and offered to sell him 100 shares of the Indian Steamship Company. The case was that it was represented to the complainant that the shares had belonged to the appellant and that Amarnath Bhattacharyya had obtained them from him and was desirous of disposing of them. The complainant agreed to buy these shares and paid the price of them by cheque and the date of the cheque was 20th June 1947 which, from the evidence, must have been the date on which the transaction was entered into.

[3] On 2nd July 1947 the complainant al