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Ponnuswami Servai Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in174Ind.Cas.776
AppellantPonnuswami Servai
RespondentEmperor
Excerpt:
penal code (act xlv of 1860), section 409 - offence under--is not triable by second class magistrate--alteration of conviction to one under section 409-109, is illegal. - orderlakshmana rao, j.1. the offence under section 409 of the indian penal code, 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 of the indian penal code, is illegal. the conviction of the petitioner is, therefore, set aside and he is acquitted.
Judgment:
ORDER

Lakshmana Rao, J.

1. The offence under Section 409 of the Indian Penal Code, 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 of the Indian Penal Code, is illegal. The conviction of the petitioner is, therefore, set aside and he is acquitted.


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