JUDGMENT

G. Kumar, J. - Soney Lal applicant has been convicted under section 411 I. P.C. and sentenced to one years rigorous imprisonment and a fine of Rs. 500/-, or in default to undergo four months further rigorous imprisonment. Another accused Bhagwandas was convicted under section 408 I. P. G. but his revision has already been dismissed by this Court.

2. The case of the applicant arises in the following circumstances. Bhagwandas was the Munim of a firm at Etah known as Messrs Hazarilal Nemi Chandra on a salary of Rs. 90/- per mensem. P. W. I. Nemi Chand was the proprietor of the said firm. On 8-7-63 P. W. Nemi Chand sent Bhagwandas Munim to Messrs. Mahasukhlal, which was carrying on business at Farrukhabad, with a letter (Ext. Ka. 4). to bring a sum of Rs. 6,000/-, which were due to P. W. Nemi Chandra. Bhagwandas was required to return to Etah by 9-7-63. When Bhagwandas did not return on 9-7-63, P. W. Nemi Chand had a telephonic conversation with Messrs. Mahasukhlal. He was informed by P. W. 2 Mahasukhlal that Bhagwandas Munim had already been paid Rs. 6,000/- on the afternoon of 9-7-63. Thereupon P. W. Nemi Chandra sent his other Munim Shanti Swarup (P. W. 3) to Ganjdundwara, w