TULA RAM Vs. EMPEROR

JUDGEMENT

(1.) This is an application in revision from a conviction under Section 417 read with Section 511 of the Indian Penal Code.

(2.) The facts as found by the Courts below, about which in revision there cannot be much dispute, are as follows: Some five years ago the accused had borrowed Rs. 562-8 as loans on different occasions from the complainant. The complainant was asking for the re-payment of the loan, and it is said that a serious demand was made for the return of this money last year. The accused " is said to have made promises to re-pay. Sometime before the alleged occurrence, it is also in evidence, that he sent a letter to the complainant saying that he would be sending money under a registered cover. On the 8 of March the accused admittedly sent a registered and insured cover to the address of the complainant. When this cover was received by the complainant he did not open it at the Post Office but took it home and opened it in the presence of a number of witnesses. On opening it he discovered that instead of five Government Currency Notes of Rs. 100 each, there were five khilafat bonds, which are of course of no money value. On this he reported the matter to the Post Office, which was followed by an enquiry. During the enquiry the accused's statement was taken, as it is fully borne out by Exhibit H, and in that statement he put forward the story that as a matter of fact he had sent Government Currency Notes and not the khilafat bonds.

(3.) He was put on his trial and the charge framed against him was worded as follows: that he on. the 8 of March 1923 at Moradabad cheated Krishen Das Harrumal by dishonestly inducing them to receive and accept the insured letter, Exhibit H, containing Islamic Unity Bonds which they would not have accepted if they were not so misled and caused them damage.