STATE OF PUNJAB Vs. ROMESH KUMAR GUPTA

JUDGEMENT

(1.) MANAGER Chowra Bazar Branch of the New Bank of India Ltd. at Ludhiana wrote to the Senior Superintendent of Police, Ludhiana, on July 3, 1975 as follows :

(2.) FORMAL First Information Report No. 164 came to be registered on its basis in Police Station, Division No. 4 at Ludhiana at 10.00 A.M. on 3rd July, 1975. On being charged with the commission of the offence under section 420 of the Indian Penal Code accused Ramesh Kumar pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment dated 6th November. 1981 learned lower Appellate Court acquitted him of charge holding that his liability towards the Bank was of civil nature and, therefore, set aside the conviction recorded by the learned trial court against him on 23rd July, 1980. Feeling aggrieved from judgment of acquittal aforesaid the State of Punjab has filed Criminal Appeal No. 113-DBA of 1983 in this Court.

(3.) THE ingredients of the offence under section 420 are that the person deceived delivered to someone a valuable security or property, that the person so deceived was induced to do so, that such person acted on such inducement in consequence of his having been deceived by the accused and that the accused acted fraudulently or dishonestly when so inducing that person.