High Courts(1922) 03 MAD CK 0024

In Re: Lakshminarayana Chettiar

Madras High Court · Decided on 9 March 1922 · Citation: AIR 1922 Mad 405 : (1922) 16 LW 15 : (1922) 42 MLJ 490

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Judgment

4 paragraphs · 90 words
1.

As the accused was only taking his own property which had been secured in his own shop, it is difficult to see how his act would be criminal. In

order to constitute theft, there must be dishonesty, and it cannot be argued that accused intended to cause wrongful loss to complainant or

wrongful gain to himself. Any loss that complainant might sustain owing to his inability to comply with the terms of his security bond could be

remedied by civil proceedings. The Sessions Judge''s order is therefore set aside.