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Kallumatam Gurubasayya Vs. Sanna Setra Siddalingappa - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1940Mad677; (1940)1MLJ689
AppellantKallumatam Gurubasayya
RespondentSanna Setra Siddalingappa
Excerpt:
- section 16 (1) (c) :[tarun chatterjee & aftab alam,jj] ready and willing to perform-concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - buyers failing to pay balance consideration before agitating matter before supreme court held, concurrent finding cannot be interfered with. section 20: [tarun chatterjee & aftab alam,jj] whether time is the essence of contract held, many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. orderlakshmana rao, j.1. the complaint is founded on an allegation in a plaint in a suit for partition and recovery of the share of the vendor of the accused in the family properties and if the allegation is false the offence would be one under section 193, indian penal code. a complaint by the court is necessary for a prosecution for an offence under section 193, indian penal code and the parties cannot be permitted to evade that provision of law by filing a complaint of defamation. in this view it is unnecessary to consider whether a prosecution at this stage is not an abuse of the process of court and the charge is quashed.
Judgment:
ORDER

Lakshmana Rao, J.

1. The complaint is founded on an allegation in a plaint in a suit for partition and recovery of the share of the vendor of the accused in the family properties and if the allegation is false the offence would be one under Section 193, Indian Penal Code. A complaint by the Court is necessary for a prosecution for an offence under Section 193, Indian Penal Code and the parties cannot be permitted to evade that provision of law by filing a complaint of defamation. In this view it is unnecessary to consider whether a prosecution at this stage is not an abuse of the process of Court and the charge is quashed.


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