AIR 1917 PATNA 699 ::1916 Cri LJ(2) 272 (PAT) ::(1916) 1 Pat LJ 391 ::(1917) 3 Pat LW 99

Patna High Court

Hon'ble Judge(s): Roe, Jwala Prasad , JJ

Penal Code (45 of 1860) , S.420, S.417, S.511, S.30— Acknowledgment of receipt of insured parcel, whether valuable 'security'-Despatch of registered unsured packets with blank sheets to a creditor-Creation of evidence in discharge of debt - Offence - Cheating- Attempt to cheat-rocedure Code Criminal P.C. (5 of 1898) , S.237(2)— An acknowledgment of receipt of an insured parcel is not a 'valuable security' within the meaning of section 30 of the Indian Penal Code. The accused, who owed the complainant Rs. 650, tilled a registered envelope with blank sheets of paper and posted it to the complainant after insuring it for Ha. 650, in order to create evidence of discharge of the debt. He was convicted for cheating under section 420, Indian Penal Code: Held, (1) that, as the acknowledgment of receipt of the insured parcel was not a valuable security, the conviction under section 420, Indian Penal Code, was bad in law; (2) that, as the offence of attempting to cheat was made out, the accused should have been convicted under section 417 and 511, Indian Penal Code. .....