RAM NATH Vs. STATE

JUDGEMENT

(1.) The petitioner herein, was convicted under Section 448 of the Indian Penal Code by a Metropolitan Magistrate by his order dated 16th October, 1980; and after affording an opportunity to him of being heard on the question of sentence he was sentenced to pay a fine of Rs. 1000.00 , in default of payment he was directed to undergo rigorous imprisonment for four months. This order was passed on 21st October 1980' By this order, the learned Magistrate directed that out of the fine if deposited, Rs. 400.00 be paid to the complainant. He also passed the direction under Section 456 of the Code of Criminal Procedure restoring the possession of the immovable property to the complaint Naki Devi.

(2.) The appeal challenging the conviction and sentence was heard by Shri S.M. Aggarwal, Additional Sessions Judge, who, while passing the order of dismissal of the appeal, also upheld the order directing restoration of the property to the complainant.

(3.) Shri D.R. Sethi, Learned Counsel for the petitioner, did not seriously challenge the concurrent findings of facts arrived at by the Courts below. The arguments before me were confined only to show that the directions under Section 456 of the Code of Criminal Procedure were without jurisdiction and hence liable to be quashed. The plea is that there is no finding that the commission of the offence was attended by criminal force or show of force or by crimin intimidation to the person of the complainant and, therefore, the order under section 456 of the Code direeting restoration of the property could not be passed.