( 1 ) CHHOTELAL filed a complaint in the Court of Magistrate First Class, Jabalpur, against Gangaprasad Jaiswal, Partner of Messrs. Shri Uma Shankar Oil Mills, allahabad, under Sections 417, 420 and 500 of the Penal Code. In short the allegations were these. On November 22, 1960, Messrs. Shri Gopal Rameshwar das, Jabalpur, entrusted to the complainant a bank draft for Rs. 15,000/- payable to Shri Uma Shankar Oil Mills, Allahabad, by handing over to the said Mills against delivery of 400 tins of mustard oil. The complainant went to Allahabad. There he met the accused Gangaprasad in the premises of the Mills and informed him of having brought the aforesaid draft with the aforesaid instructions. As the complainant was not willing to hand over the draft without delivery of the oil, the accused sent for a truck and loaded it with cans containing the requisite weight of oil. The accused instructed the driver of the truck to carry it to Jabalpur under the complainant's direction. When this was done, the complainant handed over the draft to the accused. No sooner the accused got the draft than he ordered the truck to be unloaded and in spite of complainant's vehement protests the oil cans

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