Mudholkar—This is an application for revision of an order of the Sessions Judge, Akola, affirming the conviction of the applicant under section 379, Indian Penal Code, and sentencing him to a fine of Rs. 75.

2. It is common ground that the applicant had sold three bags of jaggery powder to Premraj (P. W. 4) at the rate of Rs. 18-4-0 per maund. According to the prosecution, after the bags were purchased by Premraj they were taken for weighment to a dharamkanta. After weighing they were taken to Premraj's shop in a cart. Thereafter, Premraj went to the shop of the applicant to make payment to the applicant. As the applicant was not there he paid a sum of Rs. 124-4-6 to the applicant's son, believing that that was the price to be paid. The applicant's son thereupon passed a receipt in his favor for this amount. According to the prosecution the applicant said that he was entitled to a sum of Rs. 9-2-0 more on the basis of the weight noted on the slip issued to him after the weighment of the bags on the dharamkanta. Premraj refused to pay this sum to the applicant, whereupon the latter is said to have removed all the three bags from Premraj's shop to his own.

3. The applicant deni