MOTILAL CHAKRAWARTY Vs. KING

JUDGEMENT

(1.) This is an appeal by one Matilal Chakravarti who was convicted by a learned Additional Presidency Magistrate of an offence Under Section 420, Penal Gode and sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 500. In default of payment of the fine he was ordered to undergo a further period of six months' rigorous imprisonment.

(2.) The complainant in the case carried on business in the firm name of the Indo Trading Company with offices at No. 11, Netaji Subhaa Road. According to the complainant the appellant Matilal Ghakravarty accompanied by one Amarriath Bhattaeharyya, who was known to the complainant, came to him and offered to sell him 100 shares of the Indian Steamship Company. The case was that it was represented to the complainant that the shares had belonged to the appellant and that Amarnath Bhattaoharyya bad obtained them from him and was desirous of disposing of them. The complainant agreed to buy these shares and paid the price of them by cheque and the date of the cheque was 20th June 1947 which, from the evidence, must have been the date on which the transaction was entered into.

(3.) On 2nd July 1947 the complainant alleges that the appellant and Amarnath Bhattaeharyya again came to him and offered to sell 100 shares of the Indian Iron & Steel Company represent. ing that the shares belonged to Bhattaeharyya and that he had obtained them from the appellant. The shares were bought by the complainant and paid for.