KIRPA RAM JAGAN NATH Vs. THAKAR HANS RAJ

JUDGEMENT

(1.) THAKAR Hans Raj instituted a criminal complaint against Kirpa Eam and Jagan Nath Under Sections 468 and 471, Penal Code, on the allegations that the complainant had sent to the accused firm 895 bags of first claes potatoes weighing 890 maunds which were sold by the accused at a fairly high rate but that they have allowed him a low rate and the accused had received from the complainant Bs. 2,000 as demurrage oharge whereas they had not paid a single pie on that account to the railway department. The complaint further states that the accused had debited the complainant a sum of Re. 3,000 on account of cash payment made to him while in fast no such payment was made to him. The gravamen of the charge is that the accused had fabricated false documents to support false claims.

(2.) THE Additional District Magistrate, Simla, examined Hans Kaj complainant, Harbhagwan p. w. 2, goods clerk, Railway Station, Simla, and Bishan Das sou of Ishar Das, school master in village Ohakkar and dismissed the complaint on 3rd June 1948 on the ground that there was no explanation as to why the complainant had delayed the filing of the complaint when he knew that the voucher had been forged and that an attempt bad been made to charge from him more sum than due. He further held that the dispute between the parties related to the rendition of accounts and was of a purely civil nature.

(3.) THE complainant applied to the Court of the Sessions judge, Ambala, Under Section 436, Criminal P. C. , for the revision of the order passed by Sardar Hardial Singh, Magistrate 1st Class, Simla, on 3rd June 1948 and the learned Sessions Judge, Ambala, on 12th June 1948, without issuing any notice to the accused allowed the petition for revision and sent the case back to the District Magistrate for entrusting the case to any other Magistrate of competent jurisdiction for further enquiry into the matter. Kirpa Bam and Jagan Hath have come to this-Court for the revision of the order passed by the-learned Sessions Judge, Ambala, on 12th June1 1948.