ONKARMAL AGARWALLA Vs. TULSINATH GOGOI

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge, Upper Assam Districts, repotting to this Court Case no. 1512 -0 of 1947 -Onkarmal Agarwalla v. Tulsi Nath Gogoi

(2.) IN November 1947, the complainant, Onkarmal Agarwalla, delivered a quantity of rice to Tulsi Nath Gogoi, with instructions to deliver the same to the Manager of the Singlijan T.E. and to obtain a cheque from him for the price. The accused Tulsinath Gogoi obtained a cheque from the Manager of the Singlijan T.E., but did not give it to the complainant. The complainant, thinking that the Manager bad not given the accused Tulsinath a cheque, asked the accused to go with him to the Manager of the Singlijan T.E. on the way, the accused, on the pretext of answering a call of nature, patted company with the complainant and never returned. The complainant made inquiries from the office of the Tea Estate and was informed that a cheque was given to the accused the previous evening. The cheque was for a sum of Rs. 2800 -5 -0.

(3.) ON 20th April 1948, Mr. T. Ahmed examined 6 witnesses, including the complainant, and framed a charge against the accused Under Section 420, Penal Code. For some reason or other, the case could not be heard until 28th January 1949, on which date the prosecution witnesses were further cross -examined by the defence, and the case for the prosecution came to a close. The ease was adjourned to 1st March 1949, for defence. On 1st March 1949, the complainant appears to have been absent, and the case was adjourned to 7th March 1949. On 7th March 1949, the complainant was again absent, and the learned Magistrate, Mr. T. Ahmed, passed the following order; "Complainant absent. No steps taken. Accused acquitted.' It is against this order that the learned Sessions Judge has made this reference.