(High Court Of Judicature At Madras)
| 20-12-1940
Lakshmana Rao, J.—The property was attached by the amin in execution of a decree at the instance of the petitioner and the fact that the claim petition of the complainant was allowed does not warrant the conviction of the petitioner u/s 879 read with Section 114, Penal Code. The conviction is therefore set aside and the fine if levied will be refunded.
Criminal Law — Offences and Offenders — Offences against Property/Theft/Robbery/Extortion/Kidnapping/Abduction — Criminal breach of trust — Conviction set aside — Property attached by amin in execution of decree at instance of petitioner — Claim petition of complainant allowed — Held, does not warrant conviction of petitioner u/s 879 r/w S. 114, Penal Code — Conviction set aside and fine, if levied, to be refunded
