Shaikh Gafoor vs Mt. Hemanta Shashi Debya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1930 Supreme(Cal) 415

MALLIK
Shaikh Gafoor – Appellant
Versus
Mt. Hemanta Shashi Debya – Respondent

JUDGMENT

Mallik, J. - This rule is directed against an order passed by the Small Cause Court Judge of Narayangunj on 6th January 1930 by which he gave a decree to the plaintiff opposite party in a suit brought against the petitioner for recovery of the money on a bond. The rule was issued on ground 1 only and that ground was that the trial Court ought to have held that an agreement to stifle prosecution and to compromise a noncompoundable offence is invalid and not enforceable at law. It appears that before the bond on which the suit was instituted there had been a criminal case brought by the plaintiff's Naib against the defendant u/s 379, I. P.C. and it appears also that after the execution of the bond there was an order recorded by the trying Magistrate to the effect that the accused (the petitioner in the present case) was acquitted u/s 258, Criminal P.C. In support of the rule, the learned advocate for the petitioner contended that the bond on which the plaintiff's claim was based and which embodied the agreement made by the defendant to pay to the plaintiff was void u/s 23, Contract Act, inasmuch as the consideration of the bond was of such a nature that it would defeat the pr

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