MODI, J.—This is a complaint by Kr. Amar Singh of Sabalpore. Tehsil Parbatsar, of professional mis-conduct against Shri Madan Mohan, an advocate practising at Parbatsar, District Nagaur.

2. The material facts are these, One Lalia Jat of village Laroli, Tehsil Parbatsar, had made a report, some time in April, 1951, at the police station Prabatsar against the petitioner Kr. Amarsingh that he, accompanied by some other persons had managed to steal several car-loads of grass belonging to the complainant. Shortly after, the petitioners Kamdar Nathmal happened to go to Parbatsar and meet Shri Madan Mohan. During the course of conversation between Nathmal and Shri Madanmohan, the latter is alleged to have told Nathmal that he had very good relations with the Sub Inspector of Police, Parbatsar, who was hi:5 caste-fellow and hoped to hush up the complaint against Kr. Amar singh provided a handsome bribe be paid to the Sub Inspector through Shri Madan Mohan otherwise the Thikana people would be in trouble. Thereupon Nathmal reported the whole matter to the petitioner, and it is said that the latter sent Rs. 150/- with Nathmal to Shri Madan Mohan for being paid as bribe to the Sub-Inspector in connection with Lalias complaint. Nathmal went to Shri Madan Mohan and gave the sum of Rs. 150/-but the latter told Nathmal that the Sub Inspector would not be satisfied with only Rs. 150/- and wanted Rs. 250/- more. Nathmal then suggested to Shri Madan Mohan that the latter might write a letter to Kr. Amarsingh to that effect. Accordingly Shri Madan Mohan wrote the following which is Ex.-1.

"My dear Kr. Sahib,

The S.I.P. is not prepared to take Rs. 150/-. He wanted more. Kindly let me know whether we should pay more or stop payment. Hoping to hear soon from you.

Sincerely,

Sd/- Madan Mohan."

Nathmal handed over this letter which bears no date to Kr. Amarsingh in due course. Amarsingh was howgver no prepared to pay anything more and says to have sent Nathmal to get the sum of Rs 150/-, which had already been sent, back from Shri Madan Mohan. Nathmal went but Shri Madan Mohan refused to return the money and said that he would talk the matter over with the petitioner. Thereafter the petitioner alleges to have met Shri Madan Mohan at Parbatsar and asked him to return the money. Shri Madan Mohan said that he had already paid Rs. 150/- to the Sub-Inspector of Police and that he could not return it. Thereupon the petitioner filed this complaint on the 9th August, 1951, in this Court praying that the conduct of Shri Madan Mohan was criminal and highly unprofessional and called for suitable action. The reply of Shri Madan Mohan was a complete denial of the story of bribery although he admitted to have written the letter to the petitioner, which has been quoted above in extenso. The story put forward by Shri Madan Mohan is that he had written the said letter under entirely different circumstances and those circumstances were briefly these. According to Shri Madan Mohan the Sub Inspector of Police had a cow and Thakur Berisalsingh of Sabalpore, father of Kr. Amarsingh, had seen it with the Thakur of Maglana, and Thakur Berisalsingh liked the cow and had written to Shri Madan Mohan that if the Sub Inspector was willing to sell it for Rs 150/-, he would be glad to purchase it at that price. (See Ex. A-l dated Mah Sudi 3 Svt. 2006, corresponding to 21st January, 1950, from Thakur Berisalsingh to Madan Mohan). The Sub Inspector, however, wanted more money for the cow and was not willing to part with it for Rs. 150/- and this, according to Shri Madan Mohan, was the reason how he happened to write Ex.-l, and he explained that he wrote the letter to Kr. Amarsingh, as the Thakur had said that he was likely to go out on a short pilgrimage and might take some time to return. Shri Madan Mohans version is that he had sent this letter through one Lalsingh. In support of his case, Shri Madan Mohan has also produced a further letter from Thakur Berisalsingh dated Maha Sudi 9, Sv

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