JUDGMENT

Barjor Jamshedji Dalal, J. - One Mr. Rashid Ahmad filed a complaint in the Court of a Magistrate of the District of Meerut against Mr. Rich, Manager of the French Motor Oar Company, Delhi, for an offence u/s 408 of the Indian Penal Code. On behalf f the defendant the question of jurisdiction was raised and both the Magistrate and the Sessions Judge have decided it in favour of the complainant. What was complained of was this. The complainant had negotiations with the defendant for the purchase of a lorry of which the body was afterwards made at Meerut. The entire lorry with the body was delivered to the complainant at Meerut when he made over to the driver of the lorry for Mr. Rich a cheque for a sum to cover the price of chassis and insurance not only for the chassis but for the body as well. When the lorry happened to be burnt it was discovered that the body costing Rs. 500 had not been insured by the defendant who was alleged on these allegations to have committed a breach of trust with respect to the money which he received through his driver at Meerut by a cheque. The cheque was drawn on the Dehra Dun branch of the Imperial Bank and was cashed at Delhi.

2. The learned J