SHIB CHARAN LAL Vs. LACHMI NARAIN

JUDGEMENT

(1.) This is a revn. by a deft, against a decree of the learned Judge, Small Cause Ct., Aligarh.

(2.) The appct. was in the employ of the opposite-party & used to work as his agent for selling locks & other brass wares. He used to make collections from customers on behalf of the opposite-party. Accounts were settled between the parties on 31-3-1947 & a sum of Rs. 3097-2-6 was found due to the opposite-party from the appct. An entry was made to that effect in the opposite-party's account book & that entry was signed by the appct. Even after that date the appct. continued to make collections from the opposite-party's customers according to his version, also continued to make remittances to the opposite-party.

(3.) He collected a sum of Rs. 300 on behalf of the opposite-party at Cuttak &Raja Mundry & this sum he did not remit to the opposite-party. The result was that the latter, filed a criminal complaint for embezzlement against the appct. in respect of this sum of Rs. 300. It may be pointed out that the sum due to the opposite-party from the appct. on that date was, according to the finding of the Ct. below, something like Rs. 4800, but the complaint was confined to this particular item of Rs. 300 only. The rest of the amount due to the opposite-party from the appot. was not brought into controversy in that litigation.