JUDGEMENT :-

This is an appeal preferred by the complainant against the order of acquittal passed by Sri P.C. Patro Judicial Magistrate, second class, Cuttack on 21-1-66 in complaint case No. 259 C-1/64.

2. The prosecution case is that the complainant was called to the shop of the accused through the latter's son on 27-3-64 at 11 a.m. When he reached the shop the accused suddenly flared up and abused him in filthy language. The words of abuse used by the accused have been quoted both in the complaint petition and also in the judgement of the trial Court. After abuse, the accused rushed towards the complainant and threatened him with assault. A gentleman of the locality intervened and the matter subsided. On these allegations charges under Ss.504 and 352 were framed against the accused.

3. The trial Court has found as a fact, which is no longer in dispute, that the accused has got a shop and the complainant was abused. The motive as stated in the complaint petition has been sought to be made out in the following facts :

The complainant purchases goods from the shop of the accused on credit. There is an account maintained in the shop in his name in which the goods purchased on credit ar