Kuppuswami Ayyar, J.

1. This is a petition to revise the order of the Sessions Judge of South Malabar in Cri. App. No. 24 of 1943 confirming the conviction and sentence awarded by the Additional First Class Magistrate of Malabar on the petitioner in C.C. No. 44 of 1942 on his file for an offence punishable under Section 232A, Companies Act, the sentence was a fine of Rs. 51. The petitioner happened to be Managing Director of K. B. Prabhu & Co. He drew three sums of money on three different dates for paying instalments due for a motor car purchased by him and he was prosecuted for it as the payment of the money was not one of the purposes mentioned in the articles of association and he was convicted. Prior to then, he was prosecuted in respect of these very items of payments and also in respect of other items for the offence of criminal breach of trust, but was acquitted. It is contended for the petitioner that the acquittal in the previous case which was in respect of these very items of payment is a bar to this prosecution and that consequently the conviction and sentence should be set aside.

2. In the previous case he was prosecuted not only for the offence of criminal breach