Judgement

SINHA, J. : This is an appeal by special leave directed against the concurrent orders and judgments of the Courts below convicting the appellant under S. 409, Indian Penal Code and sentencing him to rigorous imprisonment for three months and a fine of Rs. 201 or in a default, further six weeks rigorous imprisonment. As the appellant had been convicted and sentenced for a similar offence in another case tried by the same Presidency Magistrate, 19th Court, Esplanade, Bombay, he directed the sentence in this case to run concurrently with the sentence in the other case. The charge against the accused in the trial Court is in these terms :-

"The accused is charged under S. 409, Indian Penal Code for committing criminal breach of trust in respect of property to wit 3 per cent Government Promissory Loan Notes 1966-68 of the face value of Rs. 50,000 and 2 1/2 per cent Government Promissory Notes 1961 of the face value of Rs. 25,000 in or about February to May 1949 entrusted to him in his capacity as Managing Director of the Exchange Bank of India and Africa Ltd. and belonging to the Cambay Hindu Merchants Co-operative Bank. (Detailed charge is separately framed)".

2. The appellant