Law:

Section:

Keywords: Deceiving, Consideration, Dispute, Criminal Proceedings, Imprisonment, Fine, Evidence, Loan, Ipso Facto, Magistrate, Cheating, Provisions, Defence, Money, Enhancement, Proceedings, Conviction, Property Result: Revision accepted JUDGMENT The applicant Saifur Rehman was convicted by the Additional City Magistrate, Mr. M. A. Bari Khan on the 24th of May 1966; under section 420, P. P. C. and sentenced to suffer rigorous imprisonment for one year and pay fine of Rs. 1,000 in default rigorous imprisonment for three months. He filed an appeal which was dismissed by the Additional Sessions Judge on the 8th of December 1966. It is against this ,judgment that the present revision application has been filed. It arises out of the following facts. 2. The applicant approached Syed Muhammad Amir for a loan of Rs. 10,500 on the 17th of September 1964 to straighten out his affairs in respect of his newspaper Nai Jamhuriat. It is alleged that the applicant showed to Syed Muhammad Amir a cheque for Rs. 17,500 dated the 21st of September 1964, in his favour on Habib Bank. He also promised to give a post-dated cheque for a sum of Rs. 10,500. Syed Muhammad Amir is said to have paid Rs. 500 in cash and on the same day and withdrew Rs. 10,000 from his bank and gave that amount to him on the following day. The applicant as per his promise gave Syed Muhammad Amir a post-dated cheque for Rs. 10,500. This cheque was presented but was dishonoured. The applicant thereafter gave three cheques on 12th October 1964, 23rd September 1964 and 2nd December 1964, but they were all dishonoured. The complainant consequently came to the Court of the City Magistrate and filed his complaint under section 420, P. P. C. on which the Magistrate issued process of bailable warrants against the applicant. 3. The case of the applicant before the Court was that he had taken Rs. 5,00 from the complainant but the complainant had taken a pro-note from him for Rs. 10,000 and had agreed to charge him interest at the rate of Rs. 500 a month. According to the applicant, he had been paying interest regularly but was not able to pay the principal amount because of certain unavoidable circumstances. He examined…

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