SHABBIR AHMED SHERKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the order of a learned Single Judge of the Bombay High Court in Criminal Revision Application No. 14 of 2005. The appellant was convicted for offence punishable under Section 409 of the Indian Penal Code, 1860 (in short the 'IPC') and was sentenced to undergo six months' rigorous imprisonment and to pay a fine of Rs. 2,000/- with default stipulation.

(2.) Background facts in a nutshell are as follows:

(3.) Learned Counsel for the appellant submitted that there is absolutely no mens rea involved. When the appellant came back, he returned the amount which he had taken. Therefore, there is no scope for any conviction.