CURGENVEN
Pendyala Subbarayudu – Appellant
Versus
Gudivada Gopayya – Respondent
Curgenven, J.
1. This petition is preferred against an order of the District Judge of Guntur directing under Section 476-B of the Code of Criminal Procedure that a complaint be made under Sections 193 and 467 of the Indian Penal Code against the petitioner. The facts may be briefly stated as follows:--The, petitioner had executed a mortgage deed to the respondent for Rs. 8,000, and subsequently he filed a suit (O.S. No. 1136 of 1927) against third parties and applied for an interim injunction, in which application the respondent, under summons, produced the document in Court. The production was on 7th January, 1928, and an order granting the injunction, and thus terminating the proceeding in which the mortgage bond was produced, was passed two days later, on the 9th, but the bond was not taken back from the Courts custody by the mortgagee. Then some time later the respondent obtained a money decree against the petitioner in O.S. No. 164 of 1925, and proceeded to bring the mortgaged property to sale, subject to his own mortgage. The petitioner applied for a postponement of the sale, and in connection with the application asserted that the respondent had not given him credit f
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