BIJOY KRISHNA CHANDRA Vs. STATE

JUDGEMENT

(1.) This Rule is directed against an order of the Subdivisiona Magistrate, Raiganj, dated the 29th April, 1955, by which the petitioner who was the complainant in a case was ordered, under Section 250 of the Code of Criminal Procedure to pay compensation of Rs. 50/- to the opposite party Sudhirendra Nath Sarkar. In default of payment, the petitioner was sentenced to suffer simple imprisonment for fifteen days.

(2.) The petitioner is a Union Agricultural Assistant in the Department of Agriculture, Government of west Bengal. On the relevant date he was posted at Kaliaganj and the opposite party Sudhirendra Nath Sarkar was his immediate office superior holding the appointment of an Agricultural Inspector.

(3.) The petitioner instituted a complaint charging the opposite party with having committed an offence under Section 403 of the Indian Penal Code upon the allegation that the petitioner's salary, including allowance, for the month of June 1952 had been misappropriated by ther opposite party.