( 1 ) BOTH these revisions, which have been heard together are directed against the judgment and order passed on 14-5-1982 by Mr. U. S. Pandey, the then IV Add1. Sessions Judge, Mirzapur. The learned Judge was disposing of Criminal Appeal No. 4 of 1982, which had been filed in his Court against the judgment and order passed on 22-12-1981 by the 1st Additional Munsif Magistrate, Mirzapur in Case No. 69 of 1981. The learned Munsif Magistrate convicted Shyam Sunder Gupta and Raj Kumar Gupta under S. 420 read with 34, I. P. C and sentenced each one of them to one years rigorous imprisonment. In appeal, the learned Additional Sessions Judge maintained the conviction, but altered the sentence by imposing a fine of Rs. 1000/- on each one of the accused persons and in default making the defaulter liable to three months rigorous imprisonment, and also punishing them with sentence of imprisonment till the rising of the Court. The contention on behalf of the revisionists of Criminal Appeal No. 915 of 1982 namely Shyam Sunder Gupta and Raj Kumar Gupta is that the order of conviction is wrong and should not have been passed and cannot be justified, as no case under S. 420 read