Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the decision of the High Court of Rajasthan in Criminal Revision No. 237 of 1956 confirming that of the Sessions Judge, Alwar, convicting the appellant under S. 379 of the Indian Penal Code and sentencing him to a fine of Rs. 200/-.

2. To appreciate the questions raised in this appeal the following facts, either admitted or found by the High Court, may be stated. On November 24, 1945, one Ram Kumar Ram obtained permission, Ex. PB, from the Government of the former Alwar State to supply electricity at Rajgarh, Khertal and Kherfi. Thereafter, he entered into partnership with 4 others with an understanding that the licence would be transferred to a company that be floated by the said partnership. After the company was formed it put an application to the Government through its managing agents for the issue of a licence in its favour. Ex. P.W. 15/B is that application. On the advice given by the Government Advocate, the Government required Ram Kumar Ram to file a declaration attested by a Magistrate with regard to the transfer of his rights and the licence to the company. On April 8, 1948, Ram Kumar Ram filed a decl