Markby, J.@mdashIt appears to us that this conviction must be set aside. The charge against the petitioner was, that lie had refused to give a receipt for a summons. This has been held by the High Court of Bombay in Reg v. Kalya bin Fakir 5 Bom. II. C. Rep. Cri. Cases 34 not to be an offence u/s 173 of the Indian Penal Code, which is the section under which this conviction has been made. We concur in that decision.
2. This conviction will, therefore, be sot aside; and the fine, if paid, will be refunded. If the petitioner is in jail, ho will be released.
