HIRA LAL GHOSE Vs. MAKHAN LAL DAW

JUDGEMENT

(1.) In this case the petitioner was tried on a charge of cheating by Babu M.N. Haldar, Honorary Magistrate of Howrah, and was discharged under Section 250 of the Criminal Procedure Code. It was alleged on behalf of the prosecution that the accused had executed a kabala in favour of the complainant and presented it for registration, but took it back from the Sub-Registrar before registration on the pretext that he could not understand whether it was a mortgage or a kabala, and having thus obtained possession of the document, he tore it to pieces.

(2.) The learned Honorary Magistrate discharged the accused finding that no consideration had passed and, therefore, the accused was justified in destroying the document.

(3.) The learned Sessions Judge has, however, set aside the order of discharge and directed a further enquiry into the case.