KANTAMANI SRIHARI RAO Vs. STATE OF A P

JUDGEMENT

(1.) This criminal revision case is directed against the judgment in Criminal Appeal No.217 of 1996 on the file of the 1st Additional Sessions Judge, West Godavari Division, at Eluru dated 24-2-1998, under which the learned Sessions Judge while setting aside the conviction and sentence imposed by the learned II Additional Judicial Magistrate of First Class, Kovvur, against the revision petitioner accused for the offences under Sections 403 and 406 IPC, altered the conviction of the revision petitioner-accused from 420 IPC to 417 IPC and sentenced him to undergo rigorous imprisonment for one year and to pay to pay a fine of Rs.3000/-.

(2.) The revision petitioner herein is the accused.

(3.) The case of the prosecution in brief is that on 17-9-1987, while the then Chief Minister of Andhra Pradesh late Sri N.T.Rama Rao was addressing a public meeting at Gopalapuram, the revision petitioner-accused with a fraudulent and dishonest intention induced him to believe him as a social worker, Secretary, Treasurer and Correspondent of the Welfare Association of India, Kovvur, the object of which was to collect donations from its's members and public and to remit the funds to the Chief Minister's Relief Fund, and that he handed over a post dated cheque dated 30-12-1987 for Rs.5 lakhs towards the Chief Minister's Relief Fund and that when the said cheque was presented in the bank for encashment it was dishonoured for insufficiency of funds and during the investigation it was revealed that the revision petitioner-accused issued the above cheque not on the account of the Welfare Association of India, but on the account of his proprietary concern viz., Sri Radha Krishna Traders, Kowur having only an amount of Rs.295-70 ps. only to his credit. Hence he was charge-sheeted for the offences punishable under Sections 403,406, 420 and 468 IPC,