SARJU PRASAD Vs. EMPEROR

JUDGEMENT

(1.) This is an application for revision from an order of the. District Magistrate of Cawnpore, dated the 7 of April 1923. The point urged against it is that this order was passed without jurisdiction and is liable to be set aside.

(2.) It is not necessary to go into the previous history of the litigation, and it is sufficient to say that while a criminal case was pending before Mr. Christie, having been brought by Gauri Charan Misir against Shanker Prasad, an agreement was signed by Sarju Prasad (the present applicant) undertaking to pay Rs. 4,000 to the complainant in case the criminal case was withdrawn. This agreement was filed by Gauri Charan Misir.

(3.) Later on it was discovered that one word "amanat" in the document had been cut out and it purports to have been initialled. The offence being a non- compoundable one there was of coiirse no compromise but ultimately the accused was acquitted.