Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against the judgment of the Mysore High Court reversing the judgment of the Magistrate acquitting the appellants of the charge under Ss. 409 and 420, I. P. C. The High Court after reversing the order of acquittal convicted the appellants under S. 406, I. P. C. and sentenced them to R. I. for two years. It appears that as far back as 30th July, 1927, one Kolluriah borrowed a sum of Rs. 1000/- from the Society and mortgaged his land for the loan taken by him. This land was subsequently sold and as no purchasers were available, the society itself purchased the said lands for a sum of Rs. 350/-. Thus, in spite of the sale, the debt outstanding in the name of Kolluriah due to the society was not fully discharged. Thereafter, P. Ws. 6 and 11 repurchased the land from the auction-purchaser. Even in spite of the auction purchase, it appears that the entire money taken by the creditor could not be realised by the society and thereafter on the 20th July, 1937, the society passed a resolution writing off the debt and this resolution was signed by P. W. 6 who was the son of Kolluriya, the original debtor. Subsequently, however, l