AMULYA RANJAN PAL Vs. MONORANJAN ROY

JUDGEMENT

(1.) THIS is a reference under Section 438, Cr. P.C. by the learned District Magistrate, Tripura, dated 6 -1 -1955 in criminal motion No. 25 of 1954 recommending that the order of acquittal dated lst/3rd July, 1954 passed by Sri N. C. Saha, Magistrate 2nd Class, Kailasahar in criminal, case No. 134 of 1954 be quashed.

(2.) IT appears that Sri Arnulya Ranjan Pal complainant went to the shop of Sri Monoranjan Roy opposite party No. 1 on 5 -5 -1954 to purchase three packets of playing cards and shell buttons costing Re, 1/14/ -. When the complainant paid the priog the opposite party No. 1 gave him the buttons but not the packets of playing cards and he placed the money inside his box. The complainant demanded the packets of cards but the opposite party wanted an additional payment of two annas. The complainant naturally wanted to get back his money but the opposite party No. 1 threatened him and so he came out of the shop.

(3.) THE charge, against the opposite parties was framed on 14 -6 -1954 under Section 323, I.P.C. and the case was adjourned to 1 -7 -1954. On 1 -7 -1954 the complainant and his witnesses were absent and the complainant's counsel gave an application for adjournment on the ground that he wanted to summon new witnesses. This application was rejected by the learned Magistrate and the accused were acquitted for want of evidence. The complainant went in revision before the learned District Magistrate who has referred the present case to this Court,