SUDHINDRA NATH Vs. STATE

JUDGEMENT

(1.) This is an appeal from an order of a learned Presidency Magistrate, Calcutta, convicting the appellant under Section 420, Penal Code and sentencing him to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for six months more.

(2.) The prosecution case is that on 30-7-1947 Phanindra Nath Mukherjee, a retired Deputy Magistrate, lodged a written complaint charging the accused with cheating him in respect of a total sum of Rs. 49,000/-. The cheating as alleged took place in the following manner. The accused represented to the said Phahindra Nath Mukherjee and his partner in the firm of Indo Trading Corporation that he had already purchased a certain quantity of joists, angles and tees of the value of Rs. 85,000/- and that he had already obtained a delivery order in respect of the same. The said goods were alleged to have been purchased from M. E. S. and the delivery order issued by the Director General of Disposals in respect of 75 tons of tees, 75 tons of angles and 200 tons of joists. He represented to the said Phanindra Nath Mukherjee that he had already paid the price and in order to do that he had to borrow a sum of Rs. 47,000/- and that sum had to be paid off immediately. He requested the said Phanindra Nath Mukherjee to pay a sum of Rs. 49,000/- including Rs. 2000/- which he required as miscellaneous expenses and take delivery of the goods and from the sale proceeds give him the balance and some profits.

(3.) The complainant agreed to that proposal subject to the goods being inspected and found saleable. On the next day, that is on 20-6-1947, the appellant took one Harey Krishna, the other partner of the complainant, and one Satyen Chatterjee, P. W. 3, to the Garrison Engineer's Depot at Barraekpore for inspection of the goods. The appellant managed to show to those persons some goods which were stocked with the said M. E. S. and they found fee quality of the goods to be in order. Thereafter, the matter was reported to the complainant and the complainant thereupon gave two cheques, one for Rs. 20,000/- and another for Rs. 27,000/- and also a bearer cheque for Rs. 2000/-. The alleged delivery order was endorsed over to the complainant by the appellant and it was arranged that the delivery would be taken on 25-6-1947 and the complainant would send one of his men to the place wherefrom delivery was to be taken, where the appellant would be present. Although the complainant's man went there to take delivery but the appellant could not be found. Thereafter the other partner of the complainant, namely, Hare Krishna, contacted the appellant on 2-7-1947. As the date for taking delivery was expiring on 3rd July, the appellant represented to the said Hare Krishna that he would get the delivery order extended by seven days and took the delivery order on that representation; thereafter the said Hare Krishna tried to contact the appellant several times but failed. On 10-7-1947 the appellant came to complainant's house and told that he was arranging delivery very soon. The complainant became suspicious and started enquiring about the matter and on enquiry it was found from the Disposals Office that no delivery order in question was at all issued & that the said delivery order was a faked one. The complainant then lodged the complaint upon which the appellant was charged under Section 420, Penal Code.