MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This miscellaneous petition is directed against the order passed by the Addl. Sessions Judge, Nagaur dated 12. 9. 83 and the order of Munsif and Judicial Magistrate, Ladnu dated 27. 6. 83.

(2.) BRIEF facts giving rise to this petition are that one Prahalad Rai filed a complint on 19. 10. 82 at P. S. Ladnu alleging that Madanlal had promised him to send for earning to Italy and the petitioner had taken Rs. 15000/- from the complainant. It was also alleged that the petitioner admitted that due to unavoidable reasons he could not send the complainant to Italy and promised to return Rs. 1500/- on demand. And a lkararnama was executed to this effect duly singned by him before two witnesses. On this a case u/s. 420 IPC was registered against the petitioner and was challanged before the learend Munsif and Judicial Magistrate, 1st Class Ladnu, who fra,ed charge against him u/s. 420 IPC on 27. 6. 83, Being aggrieved the accused petitioner filed a revision before the learned Addl. Sessions Judge, Nagaur which was dismissed on 12 9 83 Henee the petitioner has preferred this petition.

(3.) SO far as an offence punishable u/s 420 IPC is concerned, the two essential inercdients are deceitful representation and the delivery of property in consequence there of. It is necessary to establish that the representation was false to the knowledge of the maker at the time it was made and if the representation consists of a promise it must be established that the intention of the promisor was dishonest at the time of making of the promise. Such an intention cannot be inferred from mere fact that the promisor could subsequently fulfil promise.