1. The appellant is the complainant before the Sub Magistrate, Perintalmanna alleging an offence under S.406 IPC. against the accused. The complainant's case is that the accused committed breach of trust in respect of 15 grams of gold and 81 rupees paid in cash to him on 2310 1967 for making a pair of earrings. The accused is a goldsmith by profession. He failed to deliver the ornaments within one week as agreed to by him and in spite of repeated demand, he did not comply with his request to return the identical gold and cash or the ornaments made therefrom. But on 2112 1967, the accused executed a written agreement to the complainant to the effect that the ornaments will be made and delivered to him on or before 81 1968. But the accused did not do so. Hence the appellant filed a complaint before the Sub Magistrate on 1 21968.

2. On sl consideration of the evidence adduced by the complainant and his three witnesses examined as pw 2 Muhammed, Pw.3 Moidunni and Pw.4 Velukutty, together with Ext. P1 agreement, the learned Magistrate came to the conclusion that the complainant has failed to establish that the case comes within the mischief of S.405 IPC. and therefore he foun