SANKARI NARASINGULU Vs. STATE

JUDGEMENT

(1.) The petitioner (Sankari Narasingulu) stands convicted under Section 406, Penal Code, and has been sentenced to pay a fine of Rs. 300 in default to undergo simple imprisonment for two months. Rupees 100 out of the fine has been' ordered to be paid to P. W. 1 if realised.

(2.) The prosecution case is that on 12-7-51 P. W. 1 (Venkata Ratnamroa) borrowed a sum of lts. 800 from the accused and pledged her gold necklace weighing nearly twelve tolas and a half the accused. The accused gave to the complainant a chit scribed by himself in token of the pledge. The loan was to carry an interest of Rs. 18/- per cent per annum. On 6-7-52 in the afternoon, Venkata Ratnamma (P. W. 1) paid the entire dues of the accused (principal and interest) amounting to Rs. 944 and the accused on receipt of the money promised to return the gold necklace. P. W. 1 happens to be a coffee-keeper and the amount was paid in the coffee- hotel. The accused did not return the necklace. P. W. 1 therefore reported the fact to P. W. 6 (V. Nagabhusanam) and P. W. 7 (K. Krishnamurthy) the neighbours of the parties. The complaint on the basis of which the case was started was filed on 10-7-52.

(3.) The defence, as it transpires from the statement of the accused under Section 342, Cr. P.C. is that P. W. 1 husband Venkataramana had taken a sum of Rs. 1800 and pledged the ornament in question. It was the husband who paid Rs. 800 only and promised to pay the balance of Rs. 1000 and the interest due on the entire sum of Rs. 1800 and the ornament was to be returned only on payment of the entire dues of the accused.