MURISON C.J. The facts in this case are simple. The Petitioner carried on a business as a sundry goods merchant in Singapore, under the style of Chop Cheong Yik. In April, 1929, he found himself in financial difficulties. At a meeting of his creditors on the 21st April, 1929, and composition of 30 per cent was offered, and apparently accepted. The petitioner, on the 26th April, went to Klang, leaving some assistants in charge of the business. When he returned, three days later, he found his shop empty. It transpired that during his absence, one of his creditors Leong Kwing, had gone to Petitioner's shop and removed goods to the value of some $2,500 without authority.

The Petitioner obtained a warrant against Leong Kwing, and the latter was charged before the Magistrate under Section 421 of the Penal Code.

Section 421 runs thus:-

"Of Fraudulent Deeds and Dispositions of Property.

"421. Whoever dishonestly or fraudulently removes, conceals, or delivers to any person, or transfers or cause to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of