Summarize the following court judgment. minal Appeal No. 119 of 1961. Appeal from the judgment and order dated December 21	 1961	 of the Calcutta High Court in Cr. A. No. 423 of 1958. P. K. Chakravarty	 for the appellant. section C. Mazumdar	 for respondent No. 1. D. N. Mukherjee	 P. K. Mukherjee for P. K. Bose	 for the respondent No. 2. 1962. August 3. The Judgment of the Court was delivered by SINHA	 C.J. This appeal on a certificate of fitness granted by the High Court under Act 134(1)	 (c). 566 of the Constitution	 is directed against the order of a Division Bench of the Calcutta High Court dated December 21	 1960	 setting aside the order of acquittal passed by the trial Magistrate	 dated July 2	 1958. We heard this appeal on the eve of the long vacation and pronounced our order to the effect that the appeal was allowed and the order of acquittal was to stand	 and that reasons would be given later. It appears that the appellant	 who it; a practising lawyer	 had been employed by the respondent to work for him to investigate the title to some property which the latter was about to purchase	 sometime in October 1952. The prosecution case was that the respondent had entrusted the. sum of Rs. 5000/ to the appellant for depositing in Court in connection with an application in respect of the proposed transaction	 under the Bengal Money Lenders ' Act	 and that the appellant having been so entrusted with the money	 in breach of trust	 misappropriated the amount	 thus causing loss to his client. The appellant was	 therefore	 charged under section 409 of the Indian Penal Code	 with having committed criminal breach of trust in respect of the sum of Rs. 5000/ 	 which had been entrusted to him as a lawyer on behalf of the respondent. The appellant defense was that the case	 against him was false and that he had been falsely implicated for reasons which need not be stated. In order to substantiate the charge against him	 the complainant (now respondents examined himself and a number of witnesses. He also adduced in evidence a certain document	 marketed exhibit 1	 purporting to be a letter in the handwriting of the appellant	 to show that Rs. 4200/ being a portion of the amount of Rs. 5000/ required for the deposit	 had been asked for by the appellant. It also con tained writings in the hand of the complainant &owing that there was correspondence in the matter 567 of the deposit. That was a very important piece of evidence	 which if genuine could go a long way to prove the case against the appellant. But the appellant challenged the document as a forgery in material parts	 and cross examined the complainant who had produced the document. In spite of the fact that the complainant was very pointedly cross examined with a view to showing that the document placed before the Court was a forgery in material parts	 the complainant did not take any steps to get an expert on handwriting examined. The trial Court	 on an examination of the evidence	 oral and documentary	 came to the conclusion that the case against the accused had not been proved and acquitted him. The complainant preferred an appeal to the High Court against the order of acquittal	 which was heard by a Division Bench	 The High Court took the view that	 in the circumstances of the case	 there should be retrial by another magistrate	 who should give an opportunity to the complainant to adduce the evidence of a handwriting expert in order to establish the genuineness of the questioned document. Apparently	 the High court	 sitting in appeal on the judgment of the acquittal	 passed by the learned Magistrate	 was not satisfied as to the genuineness of the questioned document. Otherwise it could have pronounced its judgment one way or the other	 on the merits of the controversy	 whether or not the prosecution had succeeded in bringing the charge home to the accused. If it were not a case between a lawyer as an accused and his client as the complainant	 perhaps the High Court may not have taken the unusual course of giving a fresh 'opportunity to the complainant to have second round of litigation	 to the great prejudice of the accused. In this connection	 the following observations of the High Court may be extracted in order to show the reasons.for the unusual course it took in this case: 568 "Thus there can be no doubt that this was a document of considerable importance. According to the prosecution it clearly showed the respondent 's connection with the sum of Rs. 4200/ which was a part of the sum of Rs. 5000/ 	 the subject matter of the charge. According to the respondent	 the figures 4200 and the Bengali word 'sankranta ' were for geries just as at the bottom of the document the word yes ' and the signature of the res pondent with date were also forgeries. This case was clearly put by the respondent to Bimla	 Krishna Ben and it was suggested to him that the impugned portions of the document were clear forgeries made by the appellant in order to falsely implicate the respondent. It must be said that inspite of this challenge	 the appellant took no steps what. ever to produce expert evidence to aid the court in coming to a conclusion as to the authorship of the impugned portion of the document. It is true that expert evidence cannot always be a final settler; still in a call of this kind	 it is eminently desirable that the court should be assisted by a qualified expert since almost the whole case depends upon proof of the fact whether the impugned portions of that document were in the hand of the respondent. . Comment was also made by the Magistrate on the appellant 's failure to call expert evidence. In one sense that comment was justified; but in a case of this kind between lawyer and client we think the matter cannot be left	 where it is. In view of the fiduciary relation. ship between the parties it is as much necessary in the interest of	 the prosecution as in. the interest of the accused that the whole matter should be cleared ' up	 and no steps 569 should be spared which might ensure complete justice between the parties. If it were an ordinary case between one litigant and another	 we might have hesitated at this dis tance of time to send the case back even though the prosecution did not avail of the opportunity of proving its own case. " In all civilised countries	 criminal jurisprudence has firmly established the rule that an accused person should not be placed on trial for the same offence more than once	 except in very exceptional circumstances. In this case	 the complainant had the fullest opportunity of adducing all the evidence that he was advised would be necessary to prove the charge against the accused person. It was not that he proved for the examination of an expert and that opportunity had been denied to him. The prosecution took its chance of having a decision in its favour on the evidence adduced by it before the trial Court. That Court was not satisfied that evidence was adequately reliable to bring the charge home to the accused. The accused was thus acquitted. On appeal	 it was open to the High Court to take a different view of the evidence	 if the facts and circumstances placed before it could lead to the conclusion that the appreciation of the evidence by the trial Court was so thoroughly erroneous as to be wholly unacceptable to the Appellate Court. If the High Court could come to the conclusion	 it could have reversed the judgment and converted the order of acquittal into an order of conviction. But it should not have put the accused to the botheration and expense of a second trial simply because the prosecution did not adduce all the evidence that should	 and could	 have been brought before the Court of first instance. It is not a case where it in open to the Court of Appeal	 against an order of acquittal	 to order a retrial for the reasons that 570 the trial Court has not given the prosecution full opportunity to adduce all available evidence in support of the prosecution case. It has no where been suggested that the trial Magistrate had unreasonably refused any opportunity to the prosecution to adduce all the evidence that it was ready and willing to produce. That being so	 the High Court	 in our judgment	 entirely misdirected itself in setting aside the order of acquittal and making an order for a fresh trial by another Magistrate	 simply on the ground that the case was between a lawyer and his client. Simply because the accused happened to be a lawyer would not be a ground for subjecting him to harassment a second time	 there being no reason for holding that his prosecutor had not a fair chance of bringing the charge home to him. In our opinion	 the High Court gave way to considerations which were not relevant to a criminal trial. The High Court was not sitting on a disciplinary proceeding for professional misconduct. It had to apply the same rules of criminal jurisprudence as. apply to all criminal trials	 and	 in our opinion	 the only. reason given by the High Court for ordering retrial is against all well established rules of criminal jurisprudence. The fact that the appellant is a practising lawyer does not entitle him to any preferential treatment when he is hauled up on a criminal charge	 even as he is not subject to any additional disability because the cam was between a lawyer and his client. There was no relationship of lawyer and client so far as the criminal case was concerned. Hence	 in our opinion	 the order of retrial passed by the High Court is entirely erroneous and must be set aside. Appeal allowed.

The appellant	 a practising lawyer engaged by. the respondent to investigate title in respect of a property when the latter wanted to purchase	 was prosecuted by him on a charge under a. 409 & the Indian Penal Code for misappro printing a sum of Rs. 50001 entrusted to him for that purpose. The prosecution mainly depended on a letter written by the appellant which would show that a sum of Rs. 4200/ out of the said amount of Rs. 5000/ had been asked for by the appellant. This letter was challenged as a forgery by the 565 appellant. The respondent did not call a hand writing expert nor was he denied an opportunity to do so. The trial Magistrate held that the prosecution case had not been proved and acquitted the appellant. The High Court on appeal by the respondent set aside the order of acquittal on the ground that the appellant was a practicing lawyer in fiduciary relationship with his client and directed that the appellant be retried	 by smother Magistrate with opportunity to the respondent to examine a hand writing expert in order to establish the genuineness of the said letter. It held that since the case was one not between ordinary litigants but between a lawyer and his client	 involving a fiduciary relationship	 no steps should be spared to ensure complete justice between the parties and the case must be sent back even though the prosecution did not avail of the opportunity of proving its own case. Held	 that the order of the High Court were entirely erroneous and must	 be set aside. There was no ground for directing a retrial and the appellant could not be put to a second trial for the same offence simply because of the failure of the complainant to adduce all the evidence that should and could	 have been adduced. The fact that the appellant was a lawyer could make no difference and the same rules of criminal	 jurisprudence that applied to all must apply to him. Further	 the High Court was not exercising disciplinary jurisdiction and no relationship of lawyer and client was involved in the criminal case.