Agarwala, J.

1. This is an application against an order of Additional District Judge of Muzaffarpur directing the prosecution of the petitioner for an offence under Sec.210, Penal Code.

2. The facts are that a final decree in a partition suit directed the different sets of defendants to pay separate coats to the petitioner, the amount recoverable from each defendant being specified in the decree. From defendant 1 the decree-holder was entitled to recover Rs. 63-3-9 and proportionate costs but no interest was allowed. The decree-holder applied for execution showing the amount which he claimed against different sets of judgment-debtors but also including a claim for interest. In execution the property of judgment-debtor 1 was pat up to sale and purchased by a stranger for Rs. 300. This judgment-debtor made a deposit of Rupees 297-15-0 under Order 21, Rule 89. Out of this amount the decree-holder withdrew Rs. 290-15-6 which included Rs. 16 as the costs of the sale proclamation although his total dues against this judgment-debtor amounted to less than Rs. 100 including proportionate costs. Judgment-debtor I protested against the decree holder withdrawing so much from the amount