SHOBHNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 9-8-96 passed by the Fifth Additional Sessions Judge, Rewa, in Criminal Appeal No. 44/93 whereby he dismissed the appeal. The Trial Court convicted the applicant for an offence under Section 420 of the Indian Penal Code and sentenced to one year rigorous imprisonment and fine of Rs. 500/ -. In appeal preferred by the applicant, the Sessions Court maintained the conviction and sentence passed by the Trial Court. The applicant was prosecuted for offences under Sections 406 and 420 read with Section 34 of the Indian Penal Code along with co-accused persons Radhe Shyam, Babulal and Shyamlal.

(2.) THE prosecution case was that the accused persons were partners of the firm M/s. Puranlal Purushottam Gupta, Satna. The partners of the said firm purchased wheat from complainant Mourdhvaj (P. W. 1) and issued cheques dated 9-3-72 and 10-3-72 for Rs. 5000/- and Rs. 7,190/respectively towards payment of its cost, knowing well that there was no enough fund for realisation of cheques. The cheques were dishonoured and thereafter in spite of accepting the guilt of issuing such cheques which were dishonoured and promise to pay the amount, not paid the amount thereby committed the offences as mentioned above.

(3.) THE Trial Court after recording the evidence, acquitted all the co-accused persons. The Trial Court also acquitted the applicant from the charge for offence under Section 406 of the Indian Penal Code, however convicted the applicant for offence under Section 420 of the Indian Penal Code.