( 1 ) THIS appeal is at the instance of the complainant-appellant and is against an order dated the 11th June, 1968, passed by Sri J. N. Bhattacharya, Magistrate 1st Class, Burdwan acquitting the accused-respondent under Section 251 (11) of the Code of Criminal Procedure of the charge under Section 500. I. P. C. in Case No. C. R. 1344 of 1965.

( 2 ) THE facts leading on to the appeal can be put in a short compass. Both the parties are respectable; the complainant Sri Narayan Chowdhury is the Chairman of the Burdwan Jillah Pari-shad while the respondent is the Editor and Publisher of a fortnightly styled as the "bardhamaner Dak". The parties belonged to and worked together for Congress in the past and then about 15 years back there was a parting of ways. A petition of complaint was filed before the Sub-divisional Magistrate, Burdwan under Section 500, I. P. C. by the complainant, Narayan Chowdhury, against the Editor of the fortnightly, Radha Gobinda Dutt, stating inter alia that the complainant is the Chairman of the Burdwan Jillah Parishad; that the accused is the Editor of a local fortnightly "bardhamaner Dak"; that ever since the parting of ways the accused