JUDGMENT

Boys, J. - The facts of this case are set out in my order of the 23rd of May 1924. On the 23rd of February 1924 the Trial Magistrate acquitted the present applicants of a charge u/s 427 of the Indian Penal Code on the case being compounded between them and Amar Singh the complainant. So far there cannot be really any serious doubt that the Magistrate was acting perfectly properly and within his jurisdiction. It was alleged, however, very shortly afterwards by Raghubir Saran, the master of the complainant Amar Singh that though, as a matter of fact, Amar Singh had filed the complaint under his (Raghubir Saran's) authority, he had no authority to compound the complaint without his (Raghubir Saran's) sanction which had not been given. However, the situation may lie between Raghubir Saran, the master and Amar Singh the employee. I feel no hesitation in saying that if Raghubir Saran sent Amar Singh to Court to represent him in filing the complaint the Court was perfectly justified in accepting Amar Singh's statement that he desired to compound the offence with the assumption that he was authorised by his master to compound it and that under the circumstances it was not incumbent