H K SHAW Vs. SURESH CHANDRA MITTER

JUDGEMENT

(1.) In this case the appellant was convicted by a Presidency Magistrate of an offence under Section 420, Indian Penal Code, and sentenced to be detained till the rising of the Court and to pay a fine of Rs. 600 in default six months rigorous imprisonment. Out of the fine, if realized, Rs. 300 was to be paid to the complainant as compensation. The offence complained of was that of cheating the complainant's firm on or about 3 July 1934, at Calcutta, by dishonestly inducing the said firm to deliver a bill, that is to say an invoice for Rs. 264-15-0, in exchange for a cheque No. A-7,55,136, upon the National Bank of India, which was subsequently dishonoured.

(2.) The case for the prosecution was that the complainant's firm, the Atlas Agency of 20 Strand Road, Calcutta, cleared certain goods on behalf of the firm of M.L. Shaw & Co. Ltd., of which the accused was the Managing Director, from K. P. Dock No. 4 per S. S. "Clan Macnair." The complainant firm sent a bill, Ex. 7, showing that the sum of Rs. 264-15-0 was due in respect of these services rendered and for out of pocket payments in respect of customs duty and other charges. The bill was sent on 21 June 1934, and was acknowledged by the firm of M.L. Shaw & Co. Ltd., on the same date. No payment was made, but on 2 July, 1934, Bholanath Mullick, an assistant in the firm of the Atlas Agency, met the accused and pressed him for payment. It is alleged that the accused then gave a cheque for the amount of the bill and Bholanath receipted the bill by writing upon it "Received by cheque No. A-7,55,136." Underneath that writing is a one anna revenue stamp which is cancelled by a rubber stamp with Atlas Agency upon it. Underneath that is the signature of B. Mullick.

(3.) The evidence shows that Bholanath's recollection is not accurate as to the date when the cheque was given. The accused stated that he gave a post dated cheque, and this is confirmed by the fact that in the counterfoil of the cheque book of the firm of M.L. Shaw & Co., the cheque to the Atlas Agency is dated 3 July 1934, but the next cheque, in favour of the Electric Supply Corporation, is dated 28 June .1934. It seems reasonably clear, therefore, that the cheque was given to the Atlas Agency, either on the 28th, or prior to 28 June 1934. The cheque was dishonoured and returned on 4 July 1934. The complainant's firm then wrote to the firm of M.L. Shaw & Co., and received a reply regretting the dishonour of the cheque and asking the Atlas Agency to send their representative to receive payment of their bill on 9 July. But on this day no payment was made and, therefore, the complaint was lodged on 11 July 1934.