Kolkata Court March 1940 Judgments

Hari Charan Kundu Vs. Kaushi Charan Dey

Court: Kolkata

Reported in: AIR1940Cal286

Edgley, J.1. This rule arises with reference to a complaint filed against the petitioner and another person in the Court of the learned Sub-divisional Officer of Khulna with a view to their prosecution under Sections 465, 467, 471 and 193, Penal Code. The petitioner was a co-mortgagee in respect of certain property and he had applied to a Debt Settlement Board under Section 8, Bengal Agricultural Debtors Act, 1935, for the settlement of the debt owing to him. The allegation against him is to the effect that, in collusion with another person, he forged the thumb impressions of his co-mortgagees on the application. The debtor then filed a complaint in the Court of the learned Sub-divisional Officer of Khulna with a view to the prosecution of the petitioner and the person who is alleged to have assisted him in the forgery, but the learned Magistrate discharged both the accused persons on the ground that the Debt Settlement Board must be regarded as a 'Court' and there had been no complian...