Judgment

ALAGIRISWAMI, J.:- 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. The learned Presidency Magistrate held them guilty of both the offences and imposed a sentence of 1 year s imprisonment and a fine of Rs. 200 on each of the accused on the first charge and considered that no separate sentence was necessary in respect of the second, and the appeals filed by them in the High Court of Calcutta were summarily dismissed. The facts giving rise to these appeals are as follows :

Appellant Sudhir Kumar Mukherjee was an employee in charge of soda lime department of M/s Gluconate Limited, Calcutta, and appellant Sham Lal Shaw was the supplier of lime stone to the said firm. It appears that four bags of lime stone were needed every day. The procedure in respect of the supply was that Shaw used to bring the bags to Sudhir and present a chalan to him Thereupon Sudhir would send the chalan to P.W. 2, Ardhendu Sokhar Goswami, who used to initial it and send back to Sudhir. Thereupon Sudhir would put a seal on St as also his signature, and Shaw would