NATHI MAL Vs. STATE

JUDGEMENT

(1.) This is an application in revision by one Nathimal who has been convicted under Sections 465 and 417 I.P.C. and has been sentenced to a fine of Rs. 200/- and in default to two months' simple imprisonment under Section 465 I.P.C. and to a fine of Rs. 300/- and in default to two months' simple imprisonment under Section 417 I.P.C.

(2.) The prosecution case was as follows:

(3.) The applicant denied that he had put the currency notes worth Rs. 125/- in the envelope or that he had insured it for Rs. 225/-. His case was that he had given the entire money to his son and had asked him to send it in an insured cover to the complainant and the mistake if any was committed by his son. Both the lower courts after a consideration of the evidence produced in the case found that only Rs. 125/- had been sent in the envelope to the complainant but the envelope had been insured for Rs. 225/- and thereby a fraud had been committed on the complainant. Accordingly the applicant was convicted on both the charges. It has been contended on behalf of the applicant that even if the entire prosecution evidence was accepted as correct the charges under Section 465 and 417 I.P.C. had not been established against the applicant. The offence of forgery which is punishable under Section 465 I.P.C. has been defined in Section 463 and runs as follows: