JUDGMENT

Lort-Williams, J. - The appellant was convicted by the Chief Presidency Magistrate of offences u/s 406, I.P. C, and sentenced to undergo two years' rigorous imprisonment and to pay a fine of Rs. 1,000. The case for the prosecution was as follows: the joint family firm of Baldeoram Behari Lal, now consisting of Murari, Giridharilal and three minors, have carried on business for many years as Bankers and Banias at 49 Strand Road. In 1929 they started another business in hessians and gunnies under the name of Giridharilal & Co. at 135 Canning Street. The accused Sinha was a partner in a firm called Ram Sarup Mamchand, who were sole guaranteed brokers, for hessians and gunnies of David Sassoon & Co. Early in 1930 Girrdharilal proposed to Sinha that he should leave Ram Sarup Mamchand, join Giridharilal and Murari as a partner in their firm of Giridharilal & Co. and induce Sassoon & Co. to give them the appointment of sole guaranteed bazar gunny brokers.

2. Sinha consented, and it was agreed that he should have a seven annas share, and that they would provide a sum of Rs. 3 lacs, which would be required to be deposited as security with Sasoon & Co. Sinha thereupon obtained the app