KRISHAN CHANDRA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. R.V. Mishra, learned counsel for the revisionist and learned AGA on admission of this revision. It has been argued by Mr. Mishra that even if all the allegations as made by the complainant (O.P. No.2) are accepted on their face value no offence under Section 419, 420, 504, IPC can be said to have been made out. According to him, for constituting an offence punishable under Section 419, IPC there must be personation by the accused. Personation means to pretend to be a particular person and because revisionist was admittedly an employee of the Parangat Credit & Commercial Co. Ltd. on the date when the cheating is said to have been done, hence, it cannot be said that he had committed personation as defined under Section 416, IPC and punishable under Section 419, IPC. He further argued that an offence of cheating cannot be said to have been made out in the present case as admittedly the Credit Company was existing and was realising the money. It cannot be said that the company wrongly realised money from various persons. It is altogether a different thing that the company failed in its efforts and went in liquidation. For the offence of cheating defined under Section 415, IPC and punishable under Section 420, IPC a person must be deceived i.e. he must be caused to believe what is false or misleading and allow that person to act on the deception. It is nowhere in the evidence that the revisionist who was simply an employee had any intention to deceive. As a servant of the company he realised the money. He was not knowing that the company would fail in future. It was not a case where the revisionist had realised the money in the name of a company which was not existing and thereby deceived the complainant. In view of the arguments, I do feel that it is a case fit for admission. Admit. Issue notice. Notice on behalf of State has been taken by the AGA. Opposite party no.2 may file counter affidavit within a period of 3 weeks'. Rejoinder, if any, may be filed within 1 week thereafter. List thereafter. Till the next date of listing, further proceedings of criminal case no.1271/05, State Vs. Krishan Chandra Yadav, under Section 419, 420, 504, IPC, P.S. Mauaima, District Allahabad, pending before the Additional Chief Judicial Magistrate, Court No.2, Allahabad shall remain stayed so far as the revisionist is concerned.