Calcutta High Court
Kumeda Charan Ghose vs Emperor on 6 December, 1911
Equivalent citations: 15IND. CAS.656
JUDGMENT
1. We are of opinion that the Rule in this case must be made absolute. The case of Khoda, Bux v. Backaya 32 C. 941 : 9 C.W.N. 1006 : 2 Cr.L.J. 764, goes as far as the law could possibly betaken in the direction of misrepresentation by conduct. In that case, there was, however, positive conduct subsequent to the receiving of the mortgage-money to show fraudulent intention, viz., the return of a bogus unstamped bond to an illiterate messenger. Here the transaction was between the principals and there was no subsequent misrepresentation, only an illegal demand. The case does not, in our opinion come within the purview of the criminal law.
2. The conviction and sentence we set aside, and the fine, if paid, must be refunded.