VISHWANATH TIWARI Vs. LAL BEHARI MEHROTRA

JUDGEMENT

(1.) This is application in revision against an order dated 5th July, 1962, passed by the Additional Sessions Judge, Kanpur, affirming in revision an order passed by Dr. S.N. Shukla, Special Magistrate, first class, Kanpur discharging all the accused persons in a case under Secs. 403, 120B and 500, I.P.C. after summoning the accused persons but without recording any evidence for the prosecution.

(2.) The facts alleged in the complaint were that the complainant had paid a sum of Rs. 1,500.00 to Banshidhar and Shiv Narain (Partners of firm Chunni Lal Shiv Narain) and the said amount was entered in their payment had been made at the instance of his employer Lal Behari, opposite party no. 1, who had given that much money to the complainant for payment to firm Chunni Lal Shiv Narain. However, subsequent his employer became displeased with him and all the three opposite parties colluded together and said that the sum of Rs. 1,500.00 which his employer had paid to him for payment to firm Chunni Lal Shiv Narain had not been paid to Bansidhar and Shiv Narain, the partners of that firm. It was also mentioned in the complainant that a suit was filed by the complainant against his employer Lal Behari for declaration that he had paid the sum of Rs. 1,500.00 to firm Chunni Lal Shiv Narain, but that suit was dismissed. It was also mentioned in the complaint that his employer Lal Behari opposite party No. 1 had obtained a decree against him for the recovery of Rs. 1,500.00 and interest thereon.

(3.) Notices were issued to all the opposite parties, and they filed before the court copies of the judgments of the two civil suits. In the suit filed by Lal Behari against the present complainant for the recovery of Rs. 1,500.00 and interest. Firm Chunni Lal Shiv Narain had also been made parties.