LALLOO PD Vs. KEDARNATH SHUKLA

JUDGEMENT

(1.) This is an appeal against an order of acquittal.

(2.) Mahadeo Prasad filed a complaint against Dr. Kedarnath Shukla on the allegations that the complainant had taken a shop on rent from Dr. Shukla at the rate of Rs. 5/-per mensem which was subsequently raised to Rs. 8/- per mensem, On 29th August, 1960 at about 5 p.m. Dr. Shukla came to the shop of the complainant and asked him to vacate it. The complainant refused to do so. Thereupon Dr. Shukla forcibly took away the key of the shop. The complainant then locked the door of the shop and went to the police station to lodge a report. When he returned from the police station, he found that Dr. Shukla was putting another lock at the shop. The complainant protested against this conduct of Dr. Shukla, but the latter did not pay any heed to it Next morning, that is on 30th August, 1950 at about 8 a.m. the complainant came to the shop and wanted to open it, but the accused was standing at the shop with two or three associates of his. They threatened the complainant with dire consequences if he attempted to open the shop.

(3.) Dr. Shukla denied the allegations made against him. He stated that Mahadeo Prasad had fallen into arrears or rent as his business had gone slack. When Dr. Shukla made a demand for the arrears of rent, the complainant handed over the key of the shop to Dr. Shukla and requested him that the goods in the shop worth about Rs. 35/- should be taken by Dr. Shukla in partial adjustment of the arrears and the remaining amount would be paid by the complainant in easy instalments. Dr. Shukla further stated that in view of this arrangement he put a lock on the door of the shop with the consent of the complainant. Dr. Shukla denied that he held out any threats to the complainant on 30th August, 1950 in the morning.