( 1 ) THE petitioner Adhi Mallick was charged on three counts -- first with having committed an offence under Section 419, secondly with having committed an offence under Section 420 and thirdly with having committed an offence under Section 465, Penal Code.

( 2 ) THE facts upon which the three counts of charges were attempted to be sustained were briefly these:

( 3 ) THE petitioner put himself forward as owner of a certain plot of land which in fact he was not. As a result of this false representation the complainant was induced to part with a sum of money (Rs. 2500/-) and a deed of sale was said to have been executed by the petitioner in favour of the complainant's son. The document was registered in due course. A considerable time afterwards it was discovered that the petitioner had nothing to do with the land in question and that he had perpetrated fraud upon the complainant. A complaint was made which ultimately led to the petitioner being tried upon the three counts of charges indicated above.

( 4 ) TO these three charges the petitioner pleaded not guilty and his defence appears to be that he had not executed the document in question.

( 5 ) AT the