High CourtsDivision Bench(1938) 08 MAD CK 0026

Public Prosecutor vs Moturu Appalanarasayya

Madras High Court · Decided on 9 August 1938 · Citation: AIR 1940 Mad 268

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

4 paragraphs · 90 words

Lakshmana Rao, J.—The view of the Stationary-Magistrate that there was no proper com-plaint in this case is opposed to the decision in

Public Prosecutor v. Ratnavelu Chetty AIR (1926) Mad. 865, and on the evidence the respondent would unquestionably be guilty u/s 122, Clause

(1), Railways Act. The order of acquittal is therefore set aside and the respondent is convicted u/s 122, Clause (1), Railways Act. The offence is

technical and the respondent is sentenced to pay a fine of one rupee with simple imprisonment for one day in default.