RAM PRASAD AGARWALLA Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an order made by a Presidency Magistrate, Calcutta, dated 15/2/1955 by which the petitioner Ram Prasad Agarwalla was directed to deposit in the Court of the Magistrate, on or before a date named in the order, the sale proceeds of 78 bags of 'Mung Dal' in respect of which a bond had been executed by the petitioner.

(2.) The facts shortly stated are that the petitioner instituted certain proceedings under Section 420/ 114, Penal Code against two persons Kashi Prosad Keshri and Ganga Prosad Keshri which resulted in trial of the latter before a Presidency Magistrate. Upon the petitioner's application orders were passed by the learned Magistrate directing seizure of the bags of 'Dal' at Delhi. The petitioner having executed a bond by which he engaged to produce the goods, namely the bags of 'Dal' in question covered by the bond the goods were allowed to be kept in his custody. Thereafter, during the pendency of the proceedings the bags of 'Dal' were sold by the petitioner to a third party on the pretext that they being "perishable goods were deteriorating. The trial of the accused Ganga Prosad Keshri who alone had been proceeded against ended in acquittal.

(3.) Meanwhile a suit on the Original Side of this Court had been commenced by a third party purchaser in respect of the goods and upon his application the Official Receiver was appointed receiver of the goods. It then transpired that the petitioner Ram Prasad Agarwalla had in violation of the terms of the bond sold the goods and retained the sale proceeds. When the matter was brought to the notice of the learned Magistrate, the petitioner Ram Prasad Agarwalla and his surety were called upon to show cause why the bond executed by them should not be forfeited. After having heard the petitioner and his surety in the matter the learned Magistrate forfeited the bond and imposed penalties on them. Thereafter the learned Magistrate made an order by which he called upon the petitioner Ham Prasad Agarwalla to deposit the sale proceeds in Court on or before 22/2/1955 in order that they may be made over to the Official Receiver to be kept in his custody pending disposal of the suit. It is against this last order made on 15/2/1955 that the present Rule has been obtained.