The accused was charged under three counts under section 420, Indian Penal Code, and was convicted by the Court of the Joint First Glass Magistrate, Coonoor and sentenced to pay a fine of Rs. 300 for each of the three offences, in default to undergo rigorous imprisonment for three months. In appeal the Additional Sessions Judge of Coimbatore set aside the conviction. The Public Prosecutor preferred the above appeal.

The case of the prosecution may be briefly stated. The accused was the highest bidder for the year 1947-48 at the auction of minor forest produce in Ooty, Seegur and Mudumalai ranges. The amount of his bid was Rs. 10,750 and he paid 25 per cent of the bid amount, that is, Rs. 2,887-8-0 on 25th June, 1947 and 26th June 1947. He represented to P.W.1 and her father P.W.3 that he urgently required money for depositing the balance of the bid amount with the Forest Department and that P.W.1 believing his representations lent him a sum of Rs. 5,500 on three promissory notes dated 8th July, 1947, 17th July, 1947 and 19th August, 1947, Exhibits P-2, P-3 and P-4 respectively. He also represented that he had 10 tons of sandalwood worth Rs. 13,000 and that he had sold sand