R. K. PATRA, J.

( 1 ) THE petitioner stands convicted under Sections 177 and 423, IPC and sentenced respectively to pay a fine of Rs. 1,000/- and Rs. 1,500/- on each count with a default clause of imprisonment.

( 2 ) THE petitioner was placed on trial in the Court of the Chief Judicial Magistrate (E and N) at Gangtok in Criminal Case No. 104 of 1999 to face charges under Sections 177, 423 and 471, IPC. The learned Magistrate by judgment and order dated 15-5-2002 found him guilty of all the charges. She accordingly convicted him thereunder. For the offence under Sections 177 and 423, IPC, he was sentenced to pay a fine of Rs. 1,000/- and Rs. 1,500/- respectively with a default clause of sentence. For the offence under Section 471, IPC a fine of Rs. 2. 000/ - with a default clause of sentence was imposed. Being aggrieved by the above conviction and sentence, the petitioner preferred criminal Appeal No. 5 of 2002 in the Court of Sessions Judge (Special Division-II ). The learned Sessions Judge by the judgment dated 31-3-2003 confirmed the conviction and sentence under Sections 177 and 423, ipc but acquitted the petitioner of the charge under Section 471, IPC.

( 3 ) THE facts and circum