Horwill, J.

1. This revision petition is against the order of the Sub-Divisional Magistrate of Coimbatore confirming the conviction of the petitioner under Section 353, Indian Penal Code and reducing the fine from Rs. 100 to Rs. 50.

2. The prosecution case is that the complainant, a telegraph peon, had gone to the office of the United Motors, Coimbatore, and that as he passed the gate on Ms return from the office, the accused, a telephone clerk of that company slapped him on the face. After enquiry, the Sub-Inspector of Police, in his report to the Sub-Magistrate of Coimbatore on the investigation made in the case, said that the assault was exaggerated, that the complainant was not very anxious about the case and that under these circumstances and in accordance with the orders of the Inspector of Police he had treated the case as a mistake of fact. With this referred charge-sheet he sent a copy of the records, which disclosed that a number of witnesses had been examined who supported the complainants story and that the medical certificate indicated that the complainant had received a minor injury. The Sub-Magistrate thereupon replied to the Sub-Inspector that the offence was not