LUKMANJI KAMRUDDIN Vs. VALIBHAI KARIMBHAI

JUDGEMENT

(1.) The petitioner seeks to have revised an order of the learned First Class Magistrate, Godhra, made on October 23, 1933, directing that process and a bailable warrant should issue against him, on the complaint of one Bohra Valibhai Karimbhai, of various offences under Secs.406, 468 and 477A of the Indian Indian Penal Code.

(2.) The complainant's actual accusation against the applicant was, that applicant, being the receiver appointed by the Court in suit No. 6 of 1930 of the First Class Court at Nadiad, jointly with the Nazir of that Court, had committed these offences by falsely charging the cost of a second class ticket for the purpose of his journeys as receiver, whereas in fact he had travelled in the third class, and thus defrauded the estate, of which he was the receiver, of the difference between the cost of the tickets of those two classes.

(3.) The main objection taken before the learned First Class Magistrate was that before cognizance could be taken the sanction of the Court was necessary. The Magistrate held against the petitioner's contention, and on appeal to the Sessions Judge that Judge also held against him.