AGADHU MISRA Vs. THE STATE

JUDGEMENT

(1.) THIS is a petition in revision against the appellate judgment of the Sessions Judge of Koraput -Jeypore, maintaining the conviction of the Petitioner under Section 409 I.P.C. and the sentence of six months' rigorous Imprisonment and the fine of Rs. 1600/ - passed by the Stationary Sub. Magistrate, First Class, Rayaghada.

(2.) THE Petitioner is a registered petition -writer at Rayaghada who formerly held the Agency Sanad to practise in law courts ill Koraput Agency tracts. After the Introduction of the normal judicial administration in Koraput district he has not been permitted to practise in any Civil Court and has been relegated to the position of a mere petition and document -writer. He has, however, a working knowledge of English and of the law and procedure in law courts.

(3.) THE prosecution case is that on the 13th March 1953 the Petitioner received Rs. 1105/ - for the purpose of procurement in Rayaghada, but failed to utilize the same for procurement and also that, on some pretext or other, he refused to refund the money. It was further alleged that on the 4th June 1953 he received another sum of Rs. 435/ - for the same purpose and neither refunded the money nor did any procurement work. Two receipts, admittedly signed by the Petitioner and acknowledging receipt of the two sums for the aforesaid purpose, were proved by the prosecution and were relied upon to support the case against the Petitioner. The contents of the receipts (Exts. 19 and 20) may be quoted in full: