- (1.) THE two appellants, Banwari Lal and Mahendra Nath who are brothers, have been convicted by the Additional Sessions Judge of Agra for an offence under Section 420 I. P. C. and have been sentenced to three years' R. I. and a fine of Rs. 25,000/- each; in default of payment of fine they have been directed to undergo further R. I. for one year. Out of the fine, if realised, Rs. 48,000/are to be paid to the complainant firm Makhanlal Radheylal. The appellants were further charged for an offence under Section 487 I. P. C. tout were acquitted of the same.
(2.) THE facts of the case are that Banwari Lal appellant had a ghee-grading station at Khurja working under the style of Ghamandilal Banwarilal. The licence was suspended on 2-4-1946 under suspicion, because the accused showed having graded a quantity of ghee which appeared to the authorities to be impossible during the short period in which it was alleged to have been graded.
(3.) THEREAFTER, the accused shifted their business from Khurja to Agra and rented Mustajab building in Raja Ki Mandi which they not only used for their office and godown but also for their residence. The business in Agra was started in two names, namely, Mahendranath and Co. (for dealing with Bharat Bank Ltd.), and Ghamandilal /banwarilal (for dealing with firm makhanlal Radheylal ). Firm Makhanlal Radheylal is a firm of money-lenders.;