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Kumeda Charan Ghose Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in15Ind.Cas.656
AppellantKumeda Charan Ghose
RespondentEmperor
Cases ReferredBux v. Backaya
Excerpt:
penal code (act xlv of 1860), sections 406, 417 - criminal breach of trust--cheating--landlord sending for tenant--payment of rent by tenant--illegal demand by ' landlord--detention of money paid--criminal offence. - 1. we are of opinion that the rule in this case must be made absolute. the case of khoda, bux v. backaya 32 c. 941 : 9 c.w.n. 1006 : 2 cr.l.j. 764, goes as far as the law could possibly betaken in the direction of misrepresentation by conduct. in that case, there was, however, positive conduct subsequent to the receiving of the mortgage-money to show fraudulent intention, viz., the return of a bogus unstamped bond to an illiterate messenger. here the transaction was between the principals and there was no subsequent misrepresentation, only an illegal demand. the case does not, in our opinion come within the purview of the criminal law.2. the conviction and sentence we set aside, and the fine, if paid, must be refunded.
Judgment:

1. We are of opinion that the Rule in this case must be made absolute. The case of Khoda, Bux v. Backaya 32 C. 941 : 9 C.W.N. 1006 : 2 Cr.L.J. 764, goes as far as the law could possibly betaken in the direction of misrepresentation by conduct. In that case, there was, however, positive conduct subsequent to the receiving of the mortgage-money to show fraudulent intention, viz., the return of a bogus unstamped bond to an illiterate messenger. Here the transaction was between the principals and there was no subsequent misrepresentation, only an illegal demand. The case does not, in our opinion come within the purview of the criminal law.

2. The conviction and sentence we set aside, and the fine, if paid, must be refunded.


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