BANWARILAL Vs. LALTA PRASAD

JUDGEMENT

(1.) THIS is a revision which arises out of proceedings under Section 476 of the Criminal Procedure Code.

(2.) THE short facts of the case are that the non -petitioner (decree -holder) filed an execution against the petitioner (judgment -debtor) for the recovery of the decretal amount from the attachment of the salary of the judgment -debtor, that subsequent to it, the decree -holder filed another application for the arrest of the judgment -debtor. In this latter application, he said that there was no execution application pending or had been presented prior to this. This was obviously not correct and the judgment -debtor, seizing the opportunity pounced upon the decree -holder and applied to the executing Court that proceedings under Section 476 of the Cr. P. Code should he taken against the decree -holder. The trial Court did not consider it worthwhile to launch a prosecution against the decree -holder, and, in a slipshod manner stated that since the decree -holder had admitted this mistake, his mistake was condoned. Against his an appeal was filed before the District Judge, Gwalior. The learned District Judge, while holding that the trial Court was not justified in saying that it had granted pardon to the decree -holder, held that it was not expedient in the interest of justice that the Court should file any complaint against the decree -holder. The learned District Judge has quoted several authorities in support of the view he has taken.

(3.) FOR reasons stated above, the revision is dismissed.