( 1 ) THE appellant filed a criminal complaint against the respondent who is a practising lawyer at bhalki in Bidar District for air offence punishable under Section 504 of the Indian Penal Code. The case made out in the com plaint is that when the complainant was being crossexamined in civil Case No. 16/1 of 1959 in the Court of the Munsif, the accused used filthy words with the intention of insulting him and that though he felt very much annoyed he was helpless as he had to observe complete silence in order to maintain the dignity of the Court. After recording evidence as in a warrant case the Magistrate framed a charge under Section 504 of the Indian penal Code and completed the trial according to law. During the course of his examination, under Section 342, Cr. P. C. the accused was questioned about the insulting language used by him against the complainant but he replied that he could not say what he had then said as he had been provoked by the complainant so as to affect his prestige. He adduced no evidence to support his defence.

( 2 ) ON considering the evidence the Magistrate held that the words used by the accused were derogatory to the dignity of the pe