NARSINGH DAS Vs. CHUNNI LAL

JUDGEMENT

(1.) This second appeal arises out of a civil action for damages for defamation, the facts of which are briefly as follows: 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, the 22nd of August, 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 acknowledgements was not issued.

(2.) On the 4th of September, 1913, the case was heard and the defendant acquitted. On that date, however, he employed another pleader. On the 17th of 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 the 22nd of September, 1913, the Court received a reply that the money had actually been deposited on the 22rid of August. Without first inquiring from the court the result of the inquiry ordered, the defendant, on the 24th of September, 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.

(3.) The District Magistrate issued no process on this complaint, but made a preliminary inquiry and dismissed it on ascertaining the facts as to the deposit. The plaintiff thereupon prosecuted the defendant in a Criminal Court. For reasons with which we are not concerned, the defendant was acquitted.