ASHUTOSH MALLICK Vs. EMPEROR

JUDGEMENT

(1.) The applicant has been convicted by the Chief Presidency Magistrate under Section 420 of the Indian Penal Code of cheating Dr. Pearse and obtaining a subscription of Rs. 10 from him towards the funds of the Harinam-pradayini Sabha, the object of which was to feed the poor on the occasion of the opening of the new Municipal offices.

(2.) He obtained this rule calling on the Chief Presidency Magistrate to shew cause why the conviction and sentence should not be set aside on the ground that the facts found do not constitute the offence of cheating.

(3.) The first question we have to consider with reference to the definition of cheating in Section 415, Indian Penal Code, is whether the applicant deceived Dr. Pearse.