HARIKISAN BALABAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for revision of an order of the Sessions Judge Akola affirming the conviction of the applicant under Section 379, Penal Code and sentencing him to a fine of Rs. 75.

(2.) IT is common ground that the applicant had sold three bags of jaggery powder to Premraj p. w. I. at the rate of Rs. l8-4. 0permaund. According to the prosecution, after the bags were purchased by Premraj they were taken for weighment to a dharmkanta. After weighing they were taken to Premraj's shop in a cart. Thereafter, Premraj went to the shop of the applicant to make payment to the applicant. As the applicant was not there he paid a sum of Rs. 134-4-6 to the applicant's son, believing that that was the price to be paid. The applioant's son thereupon passed a receipt in his favour for this amount. According to the prosecution the applicant said that he was entitled to a sum of Rs. 9 2-0 more on the basis of the weight noted on the slip issued to him after the weighment of the baga on the dharamkanta. Premraj refused to pay this sum to the applicant, whereupon the latter is said to have removed all the three baga from Premraj's shop to his own.

(3.) THE applicant denies that the baga were taken to the shop of Premtaj after they were weighed on the dharamkanta. According to him, they were brought to his own shop. Further, according to him Premraj paid Rs. 124-1-6 to his eon and promised to bring a cart to his shop for taking them away while in the meanwhile he, i. e. the applicant, returned to the shop and found that he was entitled to be. 9-2-0 more than what Premraj had paid. So when Premraj arrived at the shop with a cart he asked him to pay up the balance, and refused to let him remove the baga unless he made that payment. Further according to the applicant Premraj promised to pay up the balance, but instead of paying it be lodged a false complaint against the applicant at the instance of one Ranglal who is his rival in business.