CHANNU LAL Vs. REX

JUDGEMENT

(1.) THIS is an application in revision against an order of the Temporary Civil and Sessions Judge of Mainpuri dismissing an appeal against an order of Mr. B.P. Sahi, Magistrate, first class, Mainpuri, who re -convicted the applicants under Section 422, Penal Code and sentenced them both to undergo rigorous imprisonment for four months and also to pay a fine of Rs. 500 or in default to undergo further rigorous imprisonment for a period of three months.

(2.) THE facts giving rise to this application as found by both the Courts below may shortly be stated as follows. The applicants Channu Lal and Mannu Lal are the sons of one Fateh Chand. They are related to Mewa Ram and Mt. Jain Kuar and Mt. Chandan Kuar whose names will be mentioned later on in the judgment as shown in the following pedigree:

(3.) IN the list of properties mentioned by them, a pronote of Rs. 8000 executed by one Panna Lal in favour of Fateh Chand Hira Lal, Fateh Chand being the father of the applicants and Hira Lal being the brother of Fateh Chand, was not shown. This pronote was dated 31st October 1927. On 4th March 1937 a creditor Shiva Dayal objected to the list of properties given by the applicants and stated that they had concealed the pronote of 31st October 1927. That pronote was therefore included in the list of properties belonging to the applicants and published in the gazette under Section 10, Encumbered Estates Act. To this list nobody objected with the result that on 8th July 1940 a decree under Section 11 of the Act was passed wherein it was declared that the applicants were possessed of other properties including this pro -note. In due course decrees under Section 14 of the Act were passed and the case was sent to the Collector for liquidation of the debts along with the list of properties as provided under Section 19, Encumbered Estates Act. This list included the pro -note aforesaid. While the liquidation proceedings were pending, the applicants along with Mewa Bam, their grand uncle, filed a suit on the basis of the aforesaid pronote against Mt. Bhikam Kuar, widow of Panna Lal, as Panna Lal appears to have died by this time. This suit was filed on 21st March 1941. It was for recovery of Rs. 22,727. This suit was, however, filed with a deficit court -fee and time was taken off and on for making good the deficiency. While the suit was thus pending, the applicants secretly were attempting to arrive at some compromise with Panna Lal's widow. They succeeded in their attempt and struck a compromise at Rs. 13,400. Mt. Bhikam Kuar sold her property to one Ram Dayal Saksena and left with him a sum of Rs. 13,400 to be paid to the two applicants before us and Mewa Ram and also Mt. Jain Kuar. On 27th August 1941, this sum was actually paid by Ram Dayal Saksena, the vendee, to the aforesaid four persons, including the two applicants. Then on 1st September 1941 the applicants got the suit, which they had filed, dismissed. The applicants took care not to make any mention to the Special Judge or the liquidation officer about any of these proceedings, and thus there was no question of the applicants having taken the permission of the Court to receive payment under the pronote.