JATINDER Vs. SURAJ PARKASH

JUDGEMENT

(1.) THE respondent filed a suit for injunction restraining the petitioner from alienating common land. Subsequently, the matter was compromised outside the court on petitioner's paying a sum of Rs.40,000/- to the respondent being 50% of the cost of electric connection of the tubewell. THEreafter, the petitioner sought prosecution of the respondent on the ground that receiving of money by the respondent amounted to extortion and commission of offence under sections 209/384 IPC, as the respondent was aware that his case was false.

(2.) THE trial court declined to summon the accused by holding that the petitioner himself having entered into settlement leading to withdrawal of the suit, it could not be held that receiving of money by the respondent was extortion or that his case was false. THE said view has been affirmed by the Court of Session. This petition is in the nature of the second revision. On facts, no interference is called for with the view taken by the courts below in exercise of jurisdiction under section 482 of the Code of Criminal Procedure. THE petition is dismissed.