JAI NARAIN PATHAK Vs. GANSEB PATHAK

JUDGEMENT

(1.) THIS is an application filed by the complainant against the order of the Munsif Magistrate dated 31-8-78. By means of the said order, the Trial court purporting to exercise its powers under section 245 (2) of the Code of Criminal Procedure dismissed the complaint of the applicant and discharged the accused in the case who are now opposite parties before this Court.

(2.) THE applicant has a brother named Rajjan who lives at Bombay. A suit had been filed by Rajjan against Ganesh Dutt Pathak for the recovery of certain sum on the basis of a pronote dated 19-10-1969 in the city civil court at Bombay. THE said suit was decreed ex-parte on 3-8-1972. THE plaintiff in the said suit was held entitled to recover a sum of Rs. 11,000/- from Ganesh Dutt Pathak.

(3.) THE applicant Jai Narain Pathak then moved a number of applications before the district authorities at Jaunpur complaining that actually there was no complaint which was pending before the Nyaya Panchayat in the year 1969, and that the entire proceedings culminating in the compromise dated 19-10-1969 have been fabricated by the complainant in collusion with the members of the Nyaya Panchayat. One of such application was referred for decision to the Chief Judicial Magistrate, Jaunpur. He rejected the said application by his order dt. 25-4-1975. THE complainant preferred a revision against the said order which was dismissed for non prosecution.