NACHIMUTHU CHETTI Vs. MUTHUSAMI CHETTI

JUDGEMENT

(1.) The petitioner gave information to the Village Magistrate of Ayakudi to the effect that one Muthusami Chetti had stolen a load of cotton belonging to him. The Village Magistrate sent a report to the police under Section 45(c) Cr.P.C. The police put in a charge sheet under Section 379 of the Indian Penal Code, before the 2nd Class Magistrate of Palni against Muthusami Chetti. The case ended in discharge and the petitioner was ordered to pay compensation under Section 250 of the Cr.P.C.

(2.) It is contended that the order is illegal in as much as the case was not instituted by complaint as defined in this Code or upon information given to a Police Officer or to a Magistrate" Vide Section 250 Cr.P.C.

(3.) This view is supported by some authority Vide King Emperor v. Thammana Reddi I.L.R. (1901) 25 M. 667 and also two later cases. In re Arulanandham and an unreported case (Criminal Revision case No. 627 of 1913). On the other hand there is a Full Bench decision of this Court in the Sessions Judge of Tinnevelly Division v. Sivan Chetti I.L.R. (1909) 32 M. 258 which seems to me conclusive on the matter. The first case quoted above was disposed of prior to this decision and with the greatest respect to the learned Judges who decided the second case, they do not seem to us to have given sufficient weight to it.