CHUNNI LAL Vs. NARSINGH DAS

JUDGEMENT

(1.) This second appeal arises out of a civil action for damages for defamation, the facts of which are briefly as follows:

(2.) The defendant, who is the appellant before us, was prosecuted in a Criminal Court for an offence under Section 193 of the Indian Penal Code. The plaintiff, who is a Pleader, appeared to defend him. The Court allowed bail and the plaintiff stood surety for the defendant to the extent of Rs. 100. Not being sure of his client, however, he asked the Court to allow Rs. 100 to be deposited in cash. The prayer was granted. The defendant produced the cash giving it to the plaintiff and it was actually deposited on the same date, August 22nd, 1913, in the Sub-Treasury at Shikohabad. There was some error in the usual procedure for the depositing of money and the full number of acknowledgments was not issued.

(3.) On the 4th September 1913 the case was heard and the defendant acquitted. On that date, however, he employed another Pleader; on 17th September 1913 he filed a petition stating that no receipt had been issued by the Treasury and he was in doubt as to whether the money had actually been deposited by the plaintiff. He asked for inquiry to be made from the Tahsildar. Inquiry was ordered and made and on September 22nd, 1913, the Court received a reply that the money had actually been deposited on August 22nd. Without first inquiring from the Court the result of the inquiry ordered, the defendant, on September 24th, 1913, filed a written complaint in the Court of the District Magistrate charging the plaintiff with having committed the offences of cheating and criminal breach of trust in respect to the sum of Rs. 100.