Allahabad High Court
Emperor vs Brij Bihari Lal on 18 September, 1923
Equivalent citations: (1924)ILR 46ALL91
JUDGMENT Sulaiman, J.
1. In this revision an application has been filed on behalf of the original complainant supported by an affidavit, praying that permission be granted to compound his case.
2. The complainant had filed a complaint against the accused on the allegation that the latter had cheated him in respect of a sum of Rs. 210 which had been paid by the complainant for the purchase of certain sharees of the Allahabad Tannery Ld. The accused was convicted by the trial court and that conviction was upheld on appeal. The sentence passed on him was one of rigorous imprisonment for six months and a fine of Rs. 100. An application for revision was filed on behalf of the accused on the ground that there was no sufficient evidence on the record to prove his guilt. Acting under., the revisional powers of this Court, I sent for the record and the revision is still pending.
3. In the affidavit filed in this Court today, the complainant admits that he has received Rs. 210 of which it has been alleged that he has been cheated. In his application which has also been verified in court by him, he is agreeable to compromise the matter and allow the case to be compounded.
4. Under the new Code of Criminal Procedure, Section 345, Clause (5A) a High Court, acting in the exercise of its powers of revision, under Section 439, may allow any person to compound any offence which he is competent to compound under this section and under Schedule II, Chapter XVII, an offence under Section 420 of the Indian Penal Code is now made compoundable.
5. As the amount in question was a small sum which has been received in full by the complainant and he is ready and willing to compound the matter, I grant the necessary permission.
6. As a result, the composition of the offence, mentioned above, shall have the effect of the acquittal of the accused; the fine, if paid, must be refunded and the accused released forthwith so far as this case is concerned.