Judgement

VENKATARAMA AYYAR, J. : This is an appeal by special leave against the judgment of the High Court of Allahabad confirming the conviction of the appellant by the two courts below on a charge under Section 420, Indian Penal Code. In response to a notice dated 4th November, 1949, the District Development Officer Etawah, inviting tenders for the supply of bricks in connections with a Flood Relief Housing Scheme the appellant made a tender which was accepted and he was required to deposit in accordance with the rules, a sum of Rs. 4000 by way of security. Accordingly, on the 17th November, 1949 he delivered a cheque dated 16th November for Rs. 4000 drawn on the Punjab National Bank Ltd., Kanpur while in fact there was only a sum of Rs. 5 to his credit on that date.

It must be noted that according to clause 11 of Ex. P-2 which prescribes the procedures to be adopted in the matter of acceptance of tenders, the deposit should be in cash or postal securities. The cheque presented by the appellant, therefore, could not have been accepted by the authorities acting under that rule. On the 21st of November, 1949, the Development Officer returned the cheque asking the appellant to deposi