MOIDEEN KUTTY HAJI Vs. MOOSA

JUDGEMENT

(1.) This is a petition under S.215, Crl. P.C. to quash the committal of the two accused by the District Magistrate to the court of Sessions, Tellicherry to stand their trial for offences under, S.466 and 471 I.P.C.

(2.) The facts of the case are briefly as follows:-

(3.) Pw. 1, the complainant is an Indian having his business in Burma and was known to deceased Soopi Haji. The Burmese wife and children wanted Pw. 1 to negotiate with the 1st accused for a settlement of their share of the properties. They executed a power of attorney Ext. P1 in favour of Pw. 11 giving him full powers to effect a settlement. Pw. 1 started negotiations with the 1st accused. In the meanwhile the 1st accused went to Burma somewhere in March 1956, and offered 5,000/- Kyats in Burmese currency to the wife and children to give a surrender of their rights in the properties. They demanded 30,000/- Kyats. The negotiations did not materialise and it was agreed that there should be a Panchayat of five persons to settle the matter on 22-4-56. The 1st accused however suddenly left Burma on 18-4-56.