C.P. Singh, J.

The accused-respondent Devendra Kunar Pandya (whom shall for brevity call as accused), was charged with and tried for the offence punishable under section 406 or 420 of the Indian Penal Code before the Judicial Magistrate, First Class, Sarangpur, (in Criminal Trial No. 545 of 1977) who finding him not guilty, has acquitted him. The State, with the permission of this Court, appeals.

Poonamchand (PW-1) is the proprietor of Poonamchand Bhagirath firm carrying among others, the business of selling peanuts (monkeynuts or groundnuts), at Sarangpur. Premnarayan (PW-2) is his Munim. Banwarilal being a partner of one 'Rajkumar & Company' is a commission agent at Indore where the accused had his Chandan Oil Mills. Poonamchand (PW-1) on 1-12-1976 and 13-12-1976 vide his bill No. 10 (Rs. 15,165.91 Paisa) and No. 12 (Rs. 8,939.60 Paisa) sold peanuts worth Rs. 27,105.51 paisa through Banwarilal (PVV-5) to the accused. Premnarayan (PW-2) took these two instalments of peanuts in truck Nos. MPI 3777 and MPF 6368 to Indore where the accused instead of paying him in cash the price of the peanuts bought, drew two crossed cheques on 1-12-1976 Nos. MVW 003184 and MVW 003194 in the s