NARAYAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a revision from the judgment dt. 14th July 1983 of the Additional Sessions Judge, Datia in Criminal Appeal No. 42/81, dismissing that appeal preferred by the applicant against an order of conviction under S. 408 I.P.C., carrying one year's rigorous imprisonment therewith, passed by the Chief Judicial Magistrate, Datia on 28-7-1981 in regular Criminal Case No. 750/77.

(2.) The trial was however on a charge under S. 409 of the I.P.C. in the following terms :

(3.) The Magistrate who decided the case held in paras 6, 7 and 8 of his judgment that during the material period of time, applicant Narayan Singh was the Chairman of the Vrihatakar Sewa Sahkari Samiti Maryadit, Jujharpur but was not a public servant or a banker. These findings were accepted by the first appellate Court.