JAGDISH RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the order dated January 4, 1991 of the Additional Sessions Judge, Ludhiana, whereby the petitioners appeal against the order of the trial Court, convicting him under section 420, Indian Penal Code, and sentencing him to one year's rigorous imprisonment and to pay a fine of Rs. 1000/- was dismissed.

(2.) THE petitioner Jagdish Rai was Secretary of the Butahri Khalsa Co-operative Agricultural Society Butahri. A criminal complaint under section 420, Indian Penal Code, was filed against him by the complainant Ujagar Singh (PW 11 alleging that he had taken loan from the aforesaid Society in September/October 1976 and a sum of Rs. 4800/- was outstanding against him in this regard in the month of July 1977. The petitioner represented to him on July 15, 1977 that in case he failed to pay this amount, the recovery would be effected from him by the Society by adopting coercive measure and he was likely to be arrested. On this representation the complainant was induced to execute a pronote for Rs. 9600/- in favour of the petitioner promised to discharge his liability forthwith It is said that in March, 1978 the complainant paid Rs. 56000/- to the petitioner and got back the pronote from him but subsequently in May, 1978 he discovered that petitioner had failed to discharge his outstanding liability of Rs. 4800/-.

(3.) SECTION 420 Indian Penal Code, provides punishment for offence of cheating is defined in Section 415, as follows :