Gour Chand Audhikari Vs Komal Chandra Pal

Ghose and Gordon, JJ.@mdashWe think that this rule must be made absolute. In doing so, we need only refer to the case of Nilratan Sen v. Jogesh Chundra Bhuttacharjee ILR 23 Cal. 983 in which a view, contrary to that which has been taken by the Magistrate, was adopted by this Court. The order reviving the complaint and the subsequent proceedings will be set aside, and the fine imposed upon the petitioner, if realized, will be refunded.