ASAD ALI TAHSILDAR Vs. ANSWAR ALI

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge, and arises out of a complaint case under Section 417 of the I.P.C.

(2.) THE facts briefly stated are, that in 1952 the complainant (petitioner) filed a complaint against the Non -applicant, alleging that the N. A. had obtained settlement of some lands Benami in the name of the complainant. During the last Great War. the Government acquired these lands for a compensation of Rs. 763/ -. As the lands stood in the name of the complainant, Government paid the amount of compensation to him, and he in turn paid it to the N. A. Later the Government found that no compensation was payable, and the complainant was asked to refund the amount.

(3.) THE learned trial Magistrate, alter examining the prosecution witnesses framed a charge against the N. A. under Section 417, thus: