JUDGMENT

1. This is an appeal by one Arab who has been convicted by the Third Additional City Magistrate of Karachi, of an offence under Section 406, Penal Code, and sentenced to six months' rigorous imprisonment. I admitted this appeal because on the facts of the case it appeared to me that this was more an offence of cheating than a criminal breach of trust. But even though I think the section appropriate is Section 420, Penal Code, I can see no reason to interfere with the sentence of six months' rigorous inprisonment which has been passed.

2. The facts cannot reasonably be disputed upon the evidence on the record. Briefly, the appellant went to the house of the complainant and said that he was working as a tinner on the Ramchandra Temple Road, and asked if the complainant had any work to give him. The complainant then in the presence of his brother-in law, Lachoo, and his neighbour, Ramchand handed over to him certain utensils to be repaired. The appellant stated that he would return the utensils that very day but did not. The complainant made inquiries on the Ramchandra Temple Road of the tinner under whom the appellant had said he was working, but was told that the appellant wa