Anil Krista Das Accused v. Badam Santra Complainant Opposite Party.

1. The petitioner has been convicted under s 406/75, Indian Penal Code, and has been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 35.

2. The two grounds upon which this Rule was issued are (i) that the proceedings are illegal as the Sub-Divisional Officer issued summons against the petitioner without examining the complainant under s. 200, Criminal Procedure Code, and (2) that the trial was bad involving as it did offences committed on five distinct date.

3. As regards the first of these grounds it is true that the Court which issued summons against the petitioner did not examine the complainant Badam Santra before issuing such process, but this defect, in our opinion, amounts only to an irregularity which cannot be held to have vitiated the trial in the absence of any prejudice having been caused to the petitioner.

4. We find also that the said complainant Badam Santra has been examined as a witness for the prosecution in the case itself. As regards the second ground the learned Advocate appearing in support of the Rule is unable to support it in view of the provisions of s. 222(2), Criminal Procedure Code. The two grounds upon which the Rule was issued, therefore, fail. We have been asked to consider the question of the sentence. But having given the matter our best consideration we are unable to hold that the sentence is in any way too severe.

5. The Rule is accordingly discharged.

6. Rule discharged