Authored By : S.C. Ghose, Hamilton Wincup Gordon
S.C. Ghose and Hamilton Wincup Gordon, JJ.
1. We think that this rule must be made absolute. In doingso, we need only refer to the case of Nilratan Sen v. Jogesh ChundraBhuttacharjee I.L.R. 23 Cal. 983 [LQ/CalHC/1896/100]    in which a view, contrary to that which hasbeen taken by the Magistrate, was adopted by this Court. The order reviving thecomplaint and the subsequent proceedings will be set aside, and the fineimposed upon the petitioner, if realized, will be refunded.
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Gour Chand Audhikarivs. Komal Chandra Pal (08.01.1897- CALHC)