MOIDEEN ROWTHEN Vs. MIYYASSA PULAVAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal raises the question whether an appeal lies under Section 476-B of the Criminal P. C. to the High Court from an appellate order of the District Judge making a complaint which the District Munsif refused to make when an application was made to him under Section 476.

(2.) The facts are briefly these. The appellant was the 1 defendant in O.S. No. 57 of 1925 in the District Munsif's Court, Palghat, and the respondent was the 2nd defendant. The suit was on a promissory-note said to have been executed by both the defendants to the plaintiff. The appellant contended that the suit note was not executed by him. His contention being upheld the suit was decreed against the respondent. The respondent then moved the District Munsif under Section 476 of the Criminal P. C. to present a complaint to the Sub- divisional First Class Magistrate of Palghat charging the appellant with having intentionally given false evidence in a judicial proceeding before him. The District Munsif holding that there will not be a reasonable chance of conviction refused to make a complaint. On appeal by the respondent under Section 476-B, the District Judge reversed the order of the Lower Court and made a complaint to the Sub-divisional First Class Magistrate holding that it is expedient in the interests of justice that an enquiry should be made into the offence of intentionally giving false evidence in a judicial proceeding committed by the appellant in the course of his evidence before the District Munsif of Palghat in O.S. No. 57 of 1925.

(3.) Against this order this appeal has been filed by the appellant under Section 476-B of the Criminal P. C..