Kalipada Mondal vs Kali Kinkar Chatterjee

M.C. Ghose, J.—In this case the petitioner purchased a gramophone from the shop of the complainant, paid Rs. 80 and promised to pay Rs. 9 per month for ten months. This was in October 1934. Thereafter the petitioner paid nothing. About ten months afterwards the complainant went to his house and asked for the machine. The petitioner could not immediately produce it and a criminal complaint was lodged. The petitioner produced the machine in Court. He has been convicted u/s 406, I. P. C. Upon perusal of the papers it appears that it is a matter of civil dispute. It was the business of the complainant not to sell his machine unless he could see reasonable prospect of monthly instalments. If traders pass on their goods to improvident and impecunious persons, they must suffer the loss. The mere non payment of monthly instalments cannot be considered as a criminal offence. As for the delay in producing the machine, it was actually produced in Court. There is no finding that he had actually sold the machine. The conviction is set aside. The fine, if paid, is to be refunded.