S.H.A. Raza, J. - (1.) The case of the prosecution in brief is that the revisionist has established a Social Development Legation India Bank and induced the complainant to make deposit in the said Bank. The complainant deposit a sum of Rs. 10/- who was issued a Pass Book by the revisionist. Thereafter on several dates the revisionist induced the petitioner to deposit various sums. In all the complainant deposited Rs. 1,830/- with the bank alleged to have been established by the revisionist. Thereafter a News Item was published in Hindi 'Amar Ujala' wherein it was indicated that the alleged bank was a fictitious one, meaning thereby that it was not established with the approval of the Reserve Bank of India. As soon as the complainant read the news item, he submitted an application to the Supdt. of Police but as no action was taken, he preferred a complaint and thereafter it was ordered.for investigation the case was registered against the revisionist.
(2.) The Court. below elide upon the statement of the complainant as well as the pass book which was issued by the complainant and sentenced him for an offence under section 420 Indian Penal Code for three years R.I. and Rs. 2,500/- fine and Under section 406 Indian Penal Code for two years R.I. and Rs. 2,000/- fine but exonerated him from the charge Under section 323,504 and 506 Indian Penal Code
(3.) Being aggrieved against the said order, the revisionist preferred an appeal. The appellate Court exonerated the appellant from the charge of 406 Indian Penal Code but upheld the sentence passed by the trial court under section 420 Indian Penal Code and directed the revisionist to undergo one years R.I. and to pay a fine of Rs. 2,500/- only, in default of which the appellant shall undergo a sentence of three months R.I. only.;