(1.) This application in revision arises out of the following facts. On the 29 of April, 1922, which was market day in the town of Chhibramau, in the Farrakhabad district, Bachan Lal, a cloth merchant, was carrying on business in his shop. The applicant and another person came to the shop of Bachan Lal and said to him that if he continued to sell foreign cloth, they would put pickets on to his shop to prevent his doing so. Bachan Lal replied that as long as foreign cloth was available, he would sell it. The applicant and his companion then told him that, if he did so, he would be fined 5 per cent, of the value of his stock. He refused to pay the fine and pickets were accordingly put upon his shop, who, apparently without using actual violence, prevented effectively any customer reaching the shop of Bachan Lal for a matter of two hours. Owing to this circumstance he lost two hours trade and the consequent profit. After two hours he paid the fine, obeyed the order not to sell foreign cloth and was left unmolested for the time. He made complaints to the police and the Tahsildar. During the days following the incident of the 29 of April, he was molested by certain persons and threatened by one or more in respect of his having made complaints. There are other circumstances, but I need not deal with them. These facts have been found by the Magistrate who tried the case and by the Sessions Judge. Now the applicant approaches this Court in revision upon the ground that on the facts no offence is disclosed. He has been convicted under Section 385 and sentenced to nine months imprisonment and a fine.
(2.) The words of Section 385 are these: Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(3.) The definition of "extortion" is given in Section 383 as follows: Whoever intentionally puts any person in fear of injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion.