In this revision arising from an order in execution, the petitioner is the judgment debtor. The petitioner was an employee of the respondent. The petitioner was in charge of the cash of the business run by the respondent. While the petitioner was thus in charge, according to the respondent, he misappropriated certain amounts entrusted to him for the purpose of payment of salary to other employees and also did not properly account for some of the other amounts which came into his hands. The petitioner having denied the liability, a suit, O.S.96 of 1987 on the file of the Subordinate Judge's Court of Ottapalarri was filed by 'the respondent for recovery of a sum of /--Rs.35, 571.28 with future interest. In the plaint, the respondent company inter alia state that the petitioner was an employee of the respondent company and he was m charge of the cash and accounts of the company and that therefore he was a trustee forme respondent's amounts and he had a fiduciary responsibility towards the respondent. The plaint claim was denied by the petitioner. The petitioner pleaded that he was merely a 'Salesman and was neither a Cashier nor an Accountant and that he had no charge of t