1960 (4) TMI 83

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...., for the respondent JUDGMENT SARKAR, J.- The appellant and two others were convicted by a Magistrate under s. 420 read with ss. 511 and 34 of the Indian Penal Code and each was sentenced to rigorous imprisonment for 12 months and a fine of Rs. 500 and in default of payment, a further period of imprisonment for four months. On appeal the accused persons were acquitted by a Sessions Judge.....

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....as promised and met Rtamanlal and Champaklal. Champaklal promised to find currency notes for Rs. 20,000 for duplicating and a date was fixed when it was to be done. Thereafter Ramanlal and Champaklal informed the police. The police hid themselves in the house of Ramanlal where it had been fixed with the accused that the duplicating would be done. The three accused arrived duly. The second accused ....

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....w that any representation bad been made by anyone to Champaklal. The Courts below however found that such a representation had been made and we think that the finding is clearly supported by the evidence on record. The next point taken was that there had been no attempt to commit the offence of cheating but only a preparation to commit that offence which was not punishable. It seems to us clear th....

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....t the complainant bad not been taken in. He had never believed that the accused could actually duplicate currency notes. He feigned belief only in order to trap the accused. That however clearly makes no difference so far as an attempt to cheat is concerned. The accused had attempted to cheat the complainant. That they had failed in their attempt is irrelevant in considering whether they had commi....