THE KING v. SUPPAIYA.

D.C. , Kandy, 1.279.

Criminal breach of trust-Penal Code, s. 391-Payment of money to servant fur the use of the master-Denial of receipt by servant-Presumption of misappropriation.

A servant who receives money on behalf of his master and enters the amount received in his master's book, but afterwards denies the receipt of the money, is liable under section 391 of the Penal Code.

His false denial of the money received is prima facie evidence of dishonest misappropriation. '

THE accused in this case. being a servant of the complainant Karpaya Kankani, was charged under section 391 of the Penal Code with having committed criminal breach of trust in respect of three sums of money, viz.. Rs, 80, Rs. 125, and Rs. 220, entrusted to him on the 14th, 16th, and 29th  July , 1900. respectively.

The case was heard with the aid of assessors.

It. appeared that when the complainant left the Island in April, 1900, he appointed the accused and one Vellasami his attorneys to act jointly in all money transactions. In September, 1900, complainant returned to the Island, in consequence of a telegram he received from his brother, who had bee