AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
4 paragraphs · 173 wordsThis rule was issued upon one ground, namely that the judgment of the Court of appeal below is not in accordance with law and as such ought to be set aside. The judgment of the learned District Judge is as follows:
Heard the appellant. I do not think it necessary to direct prosecution of the respondent in this case, Appeal dismissed.
We do not think that this judgment fulfils the requirements of law. This is a case u/s 476, Criminal P.C., and an appeal lies u/s 476-B. Presumably therefore the provisions of Section 367, Criminal P.C., will apply. No attempt has however been made to comply with the provisions of that section. Even if the provisions of the CPC were applicable the result would be the same as in that case Order 41, Rule 31 would apply.
The rule is made absolute. The order complained against is set aside and the case is sent back in order that the appeal may be reheard by the Additional District Judge of Burdwan.