JAGAT NARAYAN Vs. STATE

JUDGEMENT

(1.) THESE two revisions Nos. 1335 and 1427 of 1963 are directed against an order dated 31-7-63 passed by the learned Sessions Judge, Etawah, in Criminal Appeal No. 246 of 1963 setting aside the conviction and sentence passed against the applicants by a Magistrate First Class and remanding back the case to the Magistrate for holding an enquiry against the applicants for committing them for trial before the Court of Session.

(2.) THE prosecution story in short is as follows :- A money order for Rs. 67. 50 np. in favour of Bal Makund real elder brother of applicant Satish Chandra had arrived at Post Office Ajitmal. On 4-7-1962 Satish Chandra came to the Post Office, enquired about the money order and personating himself as Bal Makund demanded its payment. On the money order form he signed as Bal Makund. Applicant Jagat Narain also put his signature as a witness. On further enquiry, before the payment was made, Satish Chandra disclosed that he was not Bal Makund. Accordingly the payment of the money was withheld and a report was lodged with the police by the post master Ajitmal on which investigation followed. On completion of investigation both the applicants were sent up for trial under Sections 419 and 419 read with Section 109 I. P. C. respectively.

(3.) SRI B. L. Sachdeva, learned Magistrate 1st Class of Etawah, on assessment of evidence led by the parties held the applicant Satish Chandra guilty under Section 419 I. P. C. but gave him the benefit of Section 3 of the U. P. First Offenders Probation Act and released him after due admonition. He, however, convicted the applicant Jagat Narain under Section 419 read with Section 109 I. P. C. and sentenced him to fine of Rs. 55 and in default of payment of fine to undergo rigorous imprisonment for two months.