JUDGEMENT

G. K. Misra, C. J. :- Jarnal Singh (opposite party) filed a complaint against Satyabrata Bhattacharya (petitioner) on 28-6-1974 alleging that he committed criminal breach of trust so far as the amount of Rs. 3,000/- is concerned and cheated the complainant to the extent of Rs, 1,10,000/-. The facts, on the basis of which the allegations are made, may be stated as in the complaint petition itself. We are disposing of this case on the assumption that the entire allegation in the complaint petition is true as also the statement of the complainant made on oath. Allegations are that the accused entered into a contract with the complainant and entrusted him certain construction work for which specific rates were fixed. In the execution of the contract, trucks were to be hired and the hire charges were to be paid by the accused. The accused was also to pay dues from time to time towards the cost of the work which was being executed by the complainant. The substantial allegations on which the offence is said to be made out may now be extracted in the language given in the complainant itself.

'3. That on 25-5-1974 the accused was to pay a sum of Rs. 1,10,000/- (approximately) to the