1940 Supreme(Mad) 522

IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
Sheku Sahib
Versus
Venkatararamanayya
Decided On : 20.12.1940

The allowance of the claim petition of the complainant did not warrant the conviction of the petitioner under Section 879 read with Section 114, Penal Code.

Headnote:

Conviction - Property Attachment - The court set aside the conviction of the petitioner under Section 879 read with Section 114, Penal Code, as the property was attached in execution of a decree at the instance of the petitioner and the allowance of the claim petition of the complainant did not warrant the conviction.

Fact of the Case:

The property was attached by the amin in execution of a decree at the instance of the petitioner.

Finding of the Court:

The court set aside the conviction of the petitioner under Section 879 read with Section 114, Penal Code, and ordered the refund of the fine if levied.

Issues: Conviction under Section 879 read with Section 114, Penal Code.

Ratio Decidendi: The fact that the claim petition of the complainant was allowed does not warrant the conviction of the petitioner under Section 879 read with Section 114, Penal Code.

Final Decision: The conviction is set aside and the fine, if levied, will be refunded.