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1953 Supreme(All) 169

R.SINGH
Brij Narain – Appellant
Versus
Ram Dayal – Respondent


Advocates:
S. Kalbe Mustafa, for Applicant; M.L. Trivedi, for Opposite Party.

ORDER :- This is an application under Art. 227 of the Constitution of India invoking the powers of this Court for quashing the conviction of the applicant by an Adalati Panchayat.

2. A complaint was made by Ram Dayal to the Panchayati Adalat of village Raukarna alleging that one day Ram Dayal had gone to the market to sell his wares when Dulli alias Brij Narain applicant met him. Ram Dayal told him that he was not getting sufficient sugar for sale and Dulli told him that he could get a permit for sugar if he paid him Rs. 50/- for engaging a lawyer to apply for the permit. Ram Dayal paid the money but Dulli did not do anything to get him the permit. He definitely alleged in the application that Dulli was in the habit of cheating people in this manner and that the applicant was also cheated by him. Thereupon the matter was taken up by the Panchayati Adalat and the accused was summoned. The accused denied having taken any money from Ram Dayal. The Panchayati Adalat, however, came to the conclusion that the complaint made by Ram Dayal was well founded and convicted the applicant under Section 403 of the Indian Penal Code and sentenced him to a fine of Rs. 5/-. The applicant then went in





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