KISHAN SWARUP Vs. BRIJENDRA SINGH

JUDGEMENT

(1.) This is an appeal by the complainant against an Order of acquittal.

(2.) Briefly stated, the facts which have given rise to this appeal are these. Raghunandan Lal, respondent No. 2, filed a suit against Kishan Swarup appellant and his uncle for recovery of a sum of money before the Nyaya Panchayat of Nagla Singh in the district of Agra. It appears from the order sheet of the Nyaya Panchayat at the suit was dismissed for default of the parties on the 28th September 1955. The order sheet was signed by respondent No. 1 who wag Sarpanch of the, Nyaya Panchayat at that time. It appears that an application for execution of the. decree was made before the Nyaya Panchayat by respondent No, 2 and thereupon on 'he 25th February 1956 respondent No. 1 issued a notice to complainant and his uncle demanding the payment of the decretal amount within fifteen days. The amount not having been deposited within the time allowed a formal decree was prepared on the 10th March 1956 and was duly signed by respondent No. 1 as the Saipandb of the Nyaya Panchayat, In pursuance of the decree dated the ,10th March. 1956 a certificate of non-satisfaction was issued to respondent No. 2 on the 10th March 1956 and the application for execution of the decree was transmitted to the court of the Munsif for execution. Subsequently respondent No. 2 filed a fresh application for execution in the court of the Munsif and thereupon certain property of the judgment-debtor was attached; It is alleged by the complainant-appellant that he came to know-about the existence of the decree against him when his property was attached by order of the court of the Munsif. He filed objections before the Munsif in respect of that attachment. The decree-holder, respondent No. 2, appeared in answer to the summons of the court and made a statement that he was not prepared to press-the application for execution and that the application may be dismissed. Accordingly on the 19th July 1958 the execution was struck off and the application for execution was dismissed with costs.

(3.) The appellant then filed a complaint of the 16th December 1958 under Secs. 218 and 219 I. P. C read with Section 109 I P C against the two respondents in the court of the Magistrate 1st Class. Agra. He alleged that respondent No. 1, who was the Sarpanch of the Nyaya Panchayat Nagla Singh, had got a false suit filed by respondent No. 2 and a fraudulent decree prepared against him. He further alleged that respondent No. 2 had applied for execution of the decree knowing that the same was fraudulent. He therefore, prayed that the two respondents may be prosecuted and punished for the offences under Sees. 218 and 219 IPC