JUDGMENT

Dalal, J. - These are two appeals made by one Debi Datt from the order of the learned Sessions Judge of Kumaun refusing to complain against two persons Rudra Datt and Gauri Datt of an offence u/s 193, I.P.C. First of all on the motion of Debi Datt, Rudra Datt and Gauri Datt were prosecuted u/s 477-A of falsification of account, and were acquitted by a Magistrate, Mr. Juyal. The prosecution was not really launched by Mr. Debi Datt, but the opinion of the Magistrate was that he instigated it. Whether he instigated it or not, he gave evidence in the case. The Magistrate while acquitting Rudra Datt and Gauri Datt made very strong comments on the conduct of Debi Datt, and after calling upon him to show cause complained against him for perjury. The perjury trial was held in the Court of the learned Sessions Judge of Kumaun, Mr. Simpson, who came to an entirely contrary conclusion from that arrived at by the Magistrate on the main facts of the falsification of account case and seemed to think that Debi Datt was not a blackguard as held to be by the Magistrate, but was really a public benefactor. Debi Datt was acquitted, and he has now taken up the cycle of cases and applied to the