High CourtsDivision Bench(1937) 10 MAD CK 0035

In Re: Ponnuswami Servai

Madras High Court · Decided on 28 October 1937 · Citation: AIR 1938 Mad 315

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

2 paragraphs · 48 words

Lakshmana Rao, J.

The offence u/s 409, I.P.C. is not triable by the Magistrate of the Second Class and the alteration of the conviction to one u/s 409 read with Section 109, I.P.C. is illegal. The conviction of the petitioner is therefore set aside and he is acquitted.