Decided on July 24,1951

Pradip Chandra Barua Appellant
Deputy Commissioner Of Naga Hills And Anr. Respondents


Deka, J. - (1.) THIS is a petition Under Section 4 of the Assam High Court Order 1948 - which runs as follows: The High Court of Assam shall have, in respect of the territories for the time being included in the Province of Assam, all such original, appellate and other jurisdiction as, under the law in force immediately before the prescribed day, is exercisable in respect of the said territories or any part thereof by the High Court in Calcutta, or by the Governor of Assam exercising the functions of a High Court.
(2.) THIS petition relates to a criminal proceeding in the Court of the Deputy Commissioner, Naga Hills, at Kohima in which the Deputy Commissioner, Naga Hills has directed issue of warrant against the petitioner on the complaint of the Opposite Party filed on 3.7.46, on a charge Under Section 420, I.P.C. It is not disputed that the facts as stated in the complaint, do not constitute a criminal offence, but our power to interfere in the exercise of the revisional jurisdiction under Section 439, Cr.P.C. in a case which is governed by rules framed for the Administration of Justice in the Naga Hills, is questioned.
(3.) THE complainant's case was that the petitioner then acting as a contractor at Kohima was liable to pay a sum of Rs. 1153/ - to the complainant - a sum which the complainant invested in securing labourers for the contract work undertaken by the petitioner; the accused admitted his liability in writing but left the place before paying the complainant's dues; the complainant then brought a suit against the petitioner for the above amount and obtained a decree for a sum of Rs. 1240/ - on or about 2.2.1945. Some attempts were made to realize the decrial amount from the petitioner. The complainant admittedly realized a portion of the decrial dues but as the entire amount was not realized the complainant opposite party filed a complaint of cheating against the petitioner on 3.7.1946 before the Deputy Commissioner, Naga Hills. The Deputy Commissioner, Naga Hills issued a warrant of arrest against the accused on this complaint Under Section 420, I.P.C.;

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