SUDHIR KUMAR MUKHERJEE AND SHAM LAL SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The two appellants were tried before the Presidency Magistrate, 4th Court, Calcutta for offences under Section 120B read with Section 420 and S. 511 read with S. 420 of the Indian Penal Code.

(2.) Sudhir's contention was that he had been falsely implicated as he was the Assistant Secretary of the labour union. Shaw contended that about Rs. 3,000/- was due to him for the supply of lime stone, that he had made a demand for it, that PW 1 asked him to reduce the rate, that on 4-3-1968 Sudhir asked him to take back the goods as it was not required and he did so.

(3.) There is no doubt that the facts as narrated earlier have been amply proved by the evidence in this case. The question therefore is whether there was a conspiracy and whether there was an attempt at cheating or whether as contended on behalf of the appellants there was only a preparation and not an attempt. In the circumstances of this case we would prefer not to express any opinion on the question of conspiracy as there has been only a single instance involved. But we consider that the evidence of attempting to cheat has been amply established. We are unable to accept the argument on behalf of the appellants that there was only preparation and not an attempt. The chalan, Ext. 1 mentions that the four bags of lime stone were received from Sham Lal Shaw and it bears the initials of PW 2. It is established that it was the duty of accused Sudhir after receiving the lime stone to send up the chalan for PW 2's initials. It means that when the chalan is sent up by Sudhir for being initialled by P.W. 2, Sudhir takes upon himself the responsibility of assuring P.W. 2 that the lime stone has been received. This practice is spoken to by PWs. 1 and 2. PW 3 gave evidence about having taken the chalan to PW 2 for his initials at the instance of accused Sudhir. Though his evidence has been held to be unreliable this part of his evidence is corroborated by PW 2's evidence. Though the subsequent stage of affixing a stamp to the Chalan and signing of it by accused Sudhir has not been completed that does not make any difference. Admittedly quite a good amount of money was due to Shaw from the company. That money could be received only by producing the relevant chalans. So this chalan also could be produced for payment after it was stamped and signed by accused Sudhir at his own leisure. The most important step of getting PW 2's initials on the chalan has been carried out and thereafter it was only a matter between the two accused. In the circumstances the question is whether there has been an attempt to cheat or merely a preparation.