JUDGMENT

Panckridge, J. - In this case the accused has been convicted of an offence punishable u/s 408, I.P.C., and sentenced to undergo rigorous imprisonment for six weeks and to pay a fine of Rs. 1,000 and in default, to undergo further imprisonment for six months. The learned Magistrate further ordered that the whole of the money, if realized should be paid to the complainant as compensation.

2. The case for the prosecution is that the accused was a servant of the complainant and was left in charge of a business belonging to the complainant in Calcutta known as the Punjab Watch Company. The complainant fell ill and went to Amritsar of which place he is a resident. On his return, he found that the accused had removed all the stock in trade of the shop and converted it to his own use. The defence suggested by the accused was that he was not a servant of the complainant but a partner in this business called the Punjab Watch Company. The complainant gave evidence that the accused was his servant and in this he was corroborated by a man named Kissen Chand, P.W. 8. If Kissen Chand is believed it is very difficult to see how the accused can have any answer to the charge. After the compla