BHAWANI SINGH Vs. RAM SWAROOP

JUDGEMENT

(1.) THIS is an application under Section 482, Cr.P.C. against the order dated 18 -6 -1986 of the Addl. Sessions Judge, Dholpur in Criminal Appeal No. 43/85.

(2.) MR . Tyagi has argued that the prosecution under Section 210, I.P.C. is a gross abuse of process of the court because the so called earlier payment was not verified in the court and was wholly based on a concocted false story. In support of his argument he submitted that when the demand for attachment of the crop was made, this plea was not taken in the year 1976 that the payment has already been made.

(3.) HE also relied upon the judgment of Calcutta High Court in B.K. Bhomik v. Princess Confectionary and Ors. 1979 Cr.LJ 1473.