BISHNU PADA CHATTERJEE Vs. EMPEROR

JUDGEMENT

(1.) The appellants in these appeals are Bishnupada Chatterji alias Makra, Paresh Nath Kalwar, Ganendra Nath Das and Biswanath Lala alias Bombaiya. They were placed on their trial before Mr. S.N. Mukherjee, Presidency Magistrate, Calcutta, on a charge of conspiracy to cheat various firms in Calcutta, between June 1940 a May, 1941 by dishonestly inducing them to deliver certain property by placing with them bogus orders purporting them to be from Government officers or depositing with them bills signed for payment by Government officers. There were subsidiary charges to the effect that in pursuance of this conspiracy, they cheated the Vidyasagar Cotton Mills, the Eastern National Bank Ltd. and Messrs. Heatly and Gresham Ltd.

(2.) A complaint was filed against the appellants and their fellow conspirators by Inspector C.M. Ishaque, on 16 September 1941. The alleged conspirators mentioned in the complaint were: (1) Satishwar Bose alias Satis Chandra Bose who according to the evidence was formerly employed as an Inspector of Police. He died on 17 September 1942, while the proceedings in the lower Court were still pending; (2) Anilesh Chandra Ghose. This man gave evidence before the learned Magistrate as an approver; (3) Himanshu Kumar Dutta. He pleaded guilty and was convicted; (4) Ganendra Nath Das. This man was convicted on all the counts on which he was charged, and he is one of the appellants before us; (5) Niranjan Bhattacharjee. He was acquitted by the learned Magistrate; (6) Bishnupada Chatterjee alias Makra. This man was convicted by the Magistrate and is now one of the appellants before us; (7) Benoy Bhusan Ghosh. He pleaded guilty and was convicted; (8) Ashutosh Guha. He also pleaded guilty and was convicted; (9) Paresh Nath Kalwar. He was convicted by the Magistrate and has now appealed and (10) Biswanath Lala alias Bombaiya. He also was convicted and has appealed. The complaint included two other persons, namely, Biren Mukherjee and Abinash alias Bilash Biswas, but they were absconding when the case was tried by the learned Magistrate, and have not yet been brought to trial.

(3.) As already stated, the case against the appellants and their co-accused was that between June 1940 a May, 1941, they were parties to a criminal conspiracy to induce various Calcutta firms to part with their property or money, and that, in pursuance of that conspiracy, they committed certain overt acts. It is said that in the following cases Calcutta firms were either cheated by the appellants and their associates, or attempts were made to cheat them: (1) Messrs. Jessop and Company's case. In this case, it is alleged that the conspirators obtained delivery on 2 July, 1940, of forty pieces of Penang Block tin valued at Rs. 9839-6-0 by producing a letter which purported to have been signed by a Government officer on 26 June 1910. (2) On 8 October 1940, they attempted to obtain delivery of five thousand cigarettes worth about Rs. 100 from the Tobacco Box Company whose premises are situated at 5, Chowringhee, Calcutta. (3) On 19 October 1940, they obtained delivery of ten tyres and ten tubes valued at Rs. 1021-10-0 from the India Tyre and Rubber Company, Ltd. of 1, Waterloo Street, Calcutta, by placing with the Company a bogus order which purported to have been signed by the Sub-divisional Officer of Basirhat. (4) On 25 October 1940, it is said that they obtained delivery of sixteen barrels of lubricating oil valued at about Rs. 2000 from Messrs. C.C. Wakefield Company of 7 Royal Exchange Place, Calcutta, by placing with that firm bogus orders said to have been issued by the Sub-divisional Officer, P.W.D., Road and Dredger Section, Port Canning. (5) On 29 October 1940, it is said that they defraruded the Vidyasagar Cotton Mills, Ltd. in respect of six bales containing one thousand pairs of dhutis valued at Rs. 1500 on a bogus order which purported to have been signed by the Sub- divisional Officer, Contai, in the Midnapore District. (6) On 20 November 1940, it is said that they obtained delivery of a consignment of mobil oil from the Standard Vacuum Oil Co., on a bogus order which purported to have been placed with them by the Sub-divisional Officer, P.W.D., Bhangor, 24-Parganas. (7) On 25 November 1940, it is said that they obtained delivery of lubricating oil valued at Rs. 2386-2-0 from Messrs. Ewing and Company on a similar bogus order. (8) On 6 December 1940, they also defrauded Messrs. Cutler Palmer and Company in respect of four cases of whisky valued at Rs. 456. (9) On 2 January, 1941, it is alleged that they obtained in cash the sum of Rs. 2500 from the Eastern National Bank Ltd., by producing some bills alleged to have been passed for payment by the Additional District Magistrate of Midnapore. (10) On 26 March 1941, they attempted to obtain delivery of a consignment of Block Tin from Messrs. Francis Klien and Company by producing a bogus letter purported to have been issued by the Sub-divisional Officer, P.W.D., Road and Dredger Section, Goshaba, 24-Parganas. (11) It was further alleged that between 21 April 1941, and 5 May 1941, they obtained delivery of a consignment of antifriction metal and solder valued at Rs. 4500 from Messrs. Heatly and Gresham by producing some bogus letters and store orders which purported to have been issued by the Sub-divisional Officer, P.W.D., Road and Dredger Section, Goshaba, Camp Sonarpore, 24-Parganas. (12) Finally, on 10 May 1941, it is said that they attempted to obtain a further consignment of antifriction metal and solder from Messrs. Heatly and Gresham by producing some bogus letters and store orders which purported to have been issued by the Sub-divisional Officer, P.W.D., Road and Dredger Section, Goshaba, Camp Sonarpore, 24-Parganas.