Judgment

Pattanaik, J.-The appellant was Tehsildar in Damoh. The District Collector had ordered by sending a Revenue Collection Certificate to collect lease money amounting to Rs. 4,653/- from Sanwaldas, respond­ent herein. The Tehsildar on receipt of the information from the office of the Collector registered the matter and passed an order for issuance of Demand Letter. Under the said Demand Letter the initial date had been fixed as 14.11.1989 which was, however, chang­ed later on to 28.11.89. The Tehsildar in his order-sheet Exhibit D mentioned that the Demand Letter has been received back after being duly served on the respondent Sanwaldas. On 4.12.89 an order of attachment warrant was passed. On 21.12.89 respondent Sanwaldas came to the office of Tehsildar and objected to the legality of the order of issuing the Demand Letter. This fact was immediately intimated by the Tehsildar to the District Magistrate on the same day. Res­pondent Sanwaldas then filed a complaint alleging that while he had gone to the Tehsil Office on his scooter the Tehsildar forcibly kept the Scooter, and as such, has committed an offence under Section 379 of the Indian Penal Code. It may be stated that aft