ORDER

Dalal, J. - Brijiwan Das was a treasurer of a zamindar of Benares and was convicted in 1929 of an offence u/s 408, I. P.C., of embezzlement with respect to a sum of Rs. 44-6-8-3 received by him in his capacity of servant of Babu Khiva Prasad Gupta and misappropriated by him between the dates 1st February 1928 and 26th September 1928. He was sentenced to a day's imprisonment and a fine of Rs. 600. In the month of December, last year the applicant's master, through another servant, instituted a fresh complaint for the prosecution of Brijiwan Das on three charges of embezzling three sums of money on 21st June, 2nd August and 21st August 1928. It will be noticed that these dates fell within the dates of the previous charge, 1st February and 26th September but I have satisfied myself that these three items were not included in the gross sum for which the applicant was prosecuted, charged and convicted at the former trial.- There is a certain divergence of judicial opinion as to whether after a trial in respect of a gross sum for which a breach of trust was alleged to have been committed between two specified dates, a second trial in respect of an offence alleged to have been commit