PONNUSWAMI SERVAI Vs. EMPEROR

JUDGEMENT

(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.