RAJESWAR PRASAD SUKLA Vs. STATE

JUDGEMENT

(1.) This is an appeal from the order of Shri A. Syam, Presidency Magistrate of Calcutta, convicting the Appellant Rajeswar Prosad Sukla under Section 420 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for nine months and to pay a fine of Rs. 500, in default, to suffer rigorous imprisonment for three months more.

(2.) The prosecution case was briefly as follows. On May 31, 1954, accused Jagadananda and another person went to the show room of Messrs. India Linoleum, Ltd., at 7, Chowringhee Road and told the Manager Basudeb Purohit that they were representatives of the firm Bikaner Traders and that the firm Bikaner Traders wanted to purchase 12 rolls of Linoleum; they selected the stuff and paid Rs. 50 in advance and the price was settled at Rs. 2,117-10. It was agreed that the balance of the price would be paid on delivery of the stuff at the premises of Messrs. Bikaner Traders at 8B, Lallbazar Street on June 1, 1954. As the parties were not known to one another before, there was this arrangement for cash on delivery. Basudeb Purohit accordingly prepared the challans and bills and went to deliver the stuff at 8B, Lallbazar Street on the next day, that is, June 1, 1954. Accused R.P. Sukla was present at the time in the firm and he, as well as one Mukherjee, who gave himself out as the Manager of Bikaner Traders, and Jagadananda, stated that there was shortage of cash at the shop at the time and asked Basudeb Purohit to accept a crossed cheque for the balance of the price, namely, Rs. 2,067-10. After some persuasion Basudeb Purohit accepted the cheque and delivered the goods. The cheque was presented in the bank in due course, but it was dishonoured and it was found that at the time R.P. Sukla had only Rs. 12 at his credit at the bank. Basudeb Purohit accordingly went to the shop of Bikaner Traders at 8B, Lallbazar Street for several days in succession. R.P. Sukla promised to satisfy the outstanding amount by June 9,1954, but on June 9, 1954 it was found that there was nobody in the office except the darwan. Thereafter Basudeb Purohit could not contact either R.P. Sukla or his Manager or any other officer of the firm of Bikaner Traders. He reported to his superiors and a complaint was lodged before the Deputy Commissioner, Detective Department, on June 11, 1954, by P.W. 7 B.L. Maheswari, who was the Sales Manager of Messrs. India Linoleum, Ltd. and an officer above Basudeb Purohit.

(3.) The police took up the investigation and submitted charge-sheet against R.P. Sukla, B.R. Mukherjee and Jagadananda Sinha. Some other persons were also arrested in the course of the investigation, but they were discharged. B.R. Mukherjee was present during the trial of the case when four of the prosecution witnesses were examined-in-chief. Thereafter he failed to be present on the ground of illness. The case was taken up in respect of the remaining accused, namely, R.P. Sukla and Jagadananda Sinha and the case of B.R. Mukherjee was separated. The learned Magistrate after completing the hearing of the case gave the benefit of doubt to Jagadananda Sinha and acquitted him. He, however, found that the case was proved against R.P. Sukla, the proprietor of Bikaner Traders and convicted and sentenced him as stated above.