1940 JTR(Mad) 522
1941 AIR(Mad) 799
IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
Sheku Sahib
Versus
Venkatararamanayya
Decided On : 20.12.1940
The allowance of the claim petition of the complainant did not warrant the conviction of the petitioner under Section 879 read with Section 114, Penal Code.
Conviction - Property Attachment - The court set aside the conviction of the petitioner under Section 879 read with Section 114, Penal Code, as the property was attached in execution of a decree at the instance of the petitioner and the allowance of the claim petition of the complainant did not warrant the conviction.
Fact of the Case:
The property was attached by the amin in execution of a decree at the instance of the petitioner.
Finding of the Court:
The court set aside the conviction of the petitioner under Section 879 read with Section 114, Penal Code, and ordered the refund of the fine if levied.
Issues: Conviction under Section 879 read with Section 114, Penal Code.
Ratio Decidendi: The fact that the claim petition of the complainant was allowed does not warrant the conviction of the petitioner under Section 879 read with Section 114, Penal Code.
Final Decision: The conviction is set aside and the fine, if levied, will be refunded.
Conviction - Property Attachment - The court set aside the conviction of the petitioner under Section 879 read with Section 114, Penal Code, as the property was attached in execution of a decree at the instance of the petitioner and the allowance of the claim petition of the complainant did not warrant the conviction.
Fact of the Case:
The property was attached by the amin in execution of a decree at the instance of the petitioner.
Finding of the Court:
The court set aside the conviction of the petitioner under Section 879 read with Section 114, Penal Code, and ordered the refund of the fine if levied.
Issues: Conviction under Section 879 read with Section 114, Penal Code.
Ratio Decidendi: The fact that the claim petition of the complainant was allowed does not warrant the conviction of the petitioner under Section 879 read with Section 114, Penal Code.
Final Decision: The conviction is set aside and the fine, if levied, will be refunded.
ORDER
Lakshmana Rao, J.
1. The property was attached by the amin in execution of a decree at the instance of the petitioner and the fact that the claim petition of the complainant was allowed does not warrant the conviction of the petitioner under Section 879 read with Section 114, Penal Code. The conviction is therefore set aside and the fine if levied will be refunded.