Skip to content


In Re: Lakshminarayana Chettiar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1922Mad405; (1922)42MLJ490
AppellantIn Re: Lakshminarayana Chettiar
Excerpt:
- order1. 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.
Judgment:
ORDER

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.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //