SONAM PINTSO Vs. STATE OF SIKKIM

JUDGEMENT

(1.) ON the complaint of the Respondent shering Wangdi, a police case Under Section 420/379/ 34, I. 'p, C. was instituted against three accused persons on the allegation that the accused No. 1, Thendhup sold oranges Of his orchard to the complainant for Rs. 400/- and then again sold the same oranges to the accused No. 2 Sonam and accused No, 3 Tashi for Rs. 500/ -.

(2.) THE trial Court, however, discharged the accused No. 2 and No. 3 on the finding that they were bona fide purchasers for value without any knowledge of the prior sale by the accused No. 1 in favour of the complainant and the trial Court then proceeded with the trial against the accused No. 1, Thendup and ultimately convicted him Under Section 420. IPC and sentenced him to undergo Rigorous Imprisonment for one month and also to pay a fine of Rs, 200/-, in default to further suffer Rigorous Imprisonment for 15 days. It was further ordered that out of the amount of fine, if paid, a sum of Rs. 150/- was to be paid to the complainant. We have now been told that the accused No. 1 did not pay the fine and has accordingly suffered imprisonment. The oranges, which were seized from the possession of the accused No, % sonam, were sold under orders of the trial Court during the pendency of the criminal case and the sale proceeds thereof were kept in deposit by the police.

(3.) THE accused No, 2, who was discharged as stated above, applied to the trial Court for a direction to pay to him the sale proceeds of the oranges; but the trial Court, by the impugned order, has directed that if the complainant was not paid the amount of Rs. 150/- out of the amount of fine deposited, if any, then the entire sale-proceeds, and if the complainant was so paid, then the balance of the sale-proceeds after deducting the aforesaid amount of Rs. 150/- were to be paid to the complainant and in the latter case, the amount of Rs. 150/-so deducted was to be deposited as fine realised. Being aggrieved by this order, the accused No. 2 has preferred this appeal.