SASADHAR MAJUMDAR Vs. AMINADDI SEIKH

JUDGEMENT

(1.) THIS is a petition for revision of order made by a Magistrate of the First Class at Basirhat, discharging the opposite party under S. 253 of the Code of Criminal Procedure in respect of an offence under S. 403 of the Indian Penal Code.

(2.) IT appears that consequent on proceedings before a Bhag Chas Conciliation Board, a certain award or order had been made. This order, it is said, was not implemented by the opposite party who is the Bargadar of the lands in question. The petitioner is the owner who then preferred a complaint charging the opposite party with having committed an offence under S. 403 of the Indian Penal Code in respect of paddy which had been awarded to him by the Board.

(3.) MR . Ghose has contended that the learned Magistrate has failed to appreciate the true effect of the complaint, and that he should have held that the facts alleged made out a case under S. 403 of the Indian Penal Code. I am afraid I cannot agree with this contention. The clear case made is that there had been an award made by the local Bhag Chas Board and the opposite party had been directed to do certain things. There was failure on the part of the opposite party to comply with that order or award of the Board. In my view, proceedings under S. 14 of the West Bengal Bargadars Act, 1950, would have been appropriate upon the allegations made. That section provides that if any person fails to comply with an award or order made under the Act he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. The gravaman of the allegations in the present case being that there was failure to comply with the order or award made by the Board, the opposite party was liable to be punished under S. 14 of the Bargadars Act to Which I have just referred.