TAPAN KUMAR ACHARJEE Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) NO representation on behalf of the petitioner. This is a revisional application of the year 2006 challenging the judgment and order of conviction and sentence passed by the lower Court. So, I think it appropriate to dispose it on merit.

(2.) PERUSED the impugned judgment dated 03.03.2006 passed by learned Addl. Sessions Judge, Court No. 2, West Tripura, Agartala in Criminal Appeal No. 36(3) of 2005 and the judgment dated 24.06.2005 passed by learned Assistant Sessions Judge, West Tripura, Agartala in Case No. S.T.(WT/A) 2 of 2003.

(3.) BY filing this revisional application the accused petitioner challenged the finding of the appellate Court contending that the ingredients of cheating as defined in Section 415 of IPC is totally absent and so the conviction under Section 417 of IPC as has been passed by the learned Addl. Sessions Judge is not tenable and liable to be set aside.