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In Re: Ponnuswami Servai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1938Mad315
AppellantIn Re: Ponnuswami Servai
Excerpt:
- orderlakshmana rao, j.the offence under section 409, i.p.c. is not triable by the magistrate of the second class and the alteration of the conviction to one under section 409 read with section 109, i.p.c. is illegal. the conviction of the petitioner is therefore set aside and he is acquitted.
Judgment:
ORDER

Lakshmana Rao, J.

The offence Under Section 409, I.P.C. is not triable by the Magistrate of the Second Class and the alteration of the conviction to one Under Section 409 read with Section 109, I.P.C. is illegal. The conviction of the petitioner is therefore set aside and he is acquitted.


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