K RATHNAM Vs. K N SOMANNA

JUDGEMENT

(1.) This is a revision petition filed by one Ratnam, under S.439 Crl.P.C., to set aside the order of the Principal Civil Judge, Mysore, dated 28-10-68, by which he confirmed the order of the Additional First Munsff, Mysore.

(2.) The facts leading to the petition are briefly these: One Somanna, respondent herein, obtained a money decree against Ratnam and two persons in O.S.No.921 of 1963 on the file of the First Munsiff, Mysore. Somanna filed execution case No. 677 of 1965 on the file of the Additional First Munsiff, Mysore. This was in November 1965. Ratnam filed objections stating, inter alia, that the decretal amount had been adjusted on 18-7-64 by an agreement between the parties and therefore the execution case was liable to be dismissed. Somanna denied execution of the agreement and the decree being satisfied. The objection of Ratnam was overruled by the learned Munsiff on the ground that the adjustment, even if true, as pleaded by him, was an uncertified one. Thereafter, Ratnam filed an application under S.476 Crl.P.C. on 8-2-1966, requesting the Court to file a complaint under S.209 IPC. in the Court of the Magistrate, as Somanna fraudulently or dishonestly or with intent to injure or annoy, had made a claim in a Court of justice, which he knew to be false. Therein, he stated that in spite of the fact that the decree had been satisfied as per the agreement dated 18-7-1964, Somanna had made a false claim. While dismissing the application of Ratnam, this is what the learned Munsiff observed:

(3.) S.476(1) Crl.P.C. is in the following terms: