LAXMI NARAIN KAIRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the High Court of Allahabad confirming the conviction of the appellant by the two courts below on a charge under Section 420, Indian Penal Code. In response to a notice dated 4th November, 1949, the District Development Officer Etawah, inviting tenders for the supply of bricks in connections with a Flood Relief Housing Scheme the appellant made a tender which was accepted and he was required to deposit in accordance with the rules, a sum of Rs. 4000 by way of security. Accordingly, on the 17th November, 1949 he delivered a cheque dated 16th November for Rs. 4000 drawn on the Punjab National Bank Ltd., Kanpur while in fact there was only a sum of Rs. 5 to his credit on that date.

(2.) On this representation the cheque was sent for encashment and was dishonoured. The charge against the appellant is that in giving the cheque on 17-11-1949, and in re-presenting it on the 22nd of November 1949 when there was admittedly only a sum of Rs. 5 to his credit in the Bank, he had cheated the authorities and had committed an offence punishable under section 420, Indian Penal Code.

(3.) The Additional District Magistrate, Kanpur who tried the case, held that the offence had been made out and convicted the appellant and sentenced him to one year's rigorous imprisonment and a fine of Rs. 1,000. The appellant took the matter in appeal to the Court of the Sessions Judge Kanpur, who affirmed the conviction and the sentence passed by the Additional District Magistrate.