MOHAMMED IBRAHIM MARACAYAR Vs. ISMAIL MARACAYAR POWER OF ATTORNEY AGENT OF

JUDGEMENT

(1.) THE accused is the petitioner herein. The petition is to quash the proceedings in C. O, No. 2828 of 1948 on the file of the Special Honorary Magistrate of Egmore,

(2.) THE complainant is the daughter of the petitioner herein. There were some misunder-standing between her husband and her father over some money transaction and when a claim was made for the return of the moneys alleged to have been advanced by the complainant, the petitioner herein wrote a letter to his daughter in which he has stated that as he has got only old and torn shoes he has placed an order for better ones and that as soon as he gets them he will send them over to her and her husband. He also stated that old ones may not be satisfactory and therefore he was arranging to send new shoes. On this, the complainant's husband as her power of attorney agent, has filed the complaint against the petitioner for an offence Under Section 504, Penal Code.

(3.) THE petitioner has filed this revision petition to quash the proceedings on the ground that prima facie the contents of his letter to his daughter would not constitute an offence Under Section 604, Penal Code. This letter was written from Vellore where the petitioner resides to his daughter at Madras.