PRIYANATH GUPTA Vs. LALJHI CHOWKIDAR

JUDGEMENT

(1.) The petitioner Priya Nath Gupta was convicted by the Sub-Divisional Magistrate of Manikganj of an offence punishable under Section 506, Indian Penal Code, and sentenced to pay a fine of Rs. 200, or in default to undergo six months simple imprisonment. This conviction and sentence were confirmed on appeal for the Sessions Judge of Dacca. The petitioner has obtained a Rule calling on the District Magistrate to show cause why the conviction and sentence should not be set aside on the following two grounds only- 1. For that the facts proved and found cannot legally constitute the offence of criminal intimidation.

(2.) For that the prosecution having neither alleged nor adduced any evidence to show that any decree passed by the Arbitration Court was ever sought to be enforced against the will of the person against whom the same was passed by any means whatsoever, the Courts below should have held that an ex parte decree of the said Arbitration Court against the opposite party would be perfectly innocuous and that as such the possibility of such a decree could not constitute a threat of injury within the meaning of Section 503, Indian Penal Code.

(3.) These two grounds are really one and the same, the second ground setting out in detail the argument on which the first ground is based.