TMI Blog1961 (10) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... se which had a chequered career in the High Court and the two Courts below, is as follows : In Dusi, which is a part of Bhaskararaopuram, there was a Press known as Srinivasa Printing Press at Srinivasa Ashram. This Press existed for over 17 years. Pappala Chinna Ramadasu (P.W. 4) was admittedly a printer and for some years, the declared keeper of that Press under s. 4 of the Press and Registration of Books Act, 1867. The declarations were made in 1944 (Ex. P. 4) and 1947 (Ex. P. 5). On November 21, 1955, Pappala Chinna Ramadasu sold this press by a registered document (Ex. P. 1) to one Boddepalli Lakshminarayana for ₹ 4,000/-, of which ₹ 3,500/- were shown to have been paid in advance and the balance was received by Pappala Chi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , with simple imprisonment for one month in default. On appeal, the Additional District and Sessions Judges, Srikakulam, set aside the conviction and acquitted them. The complainant then obtained special leave of the High Court to file an appeal against this acquittal, and the High Court reversed the acquittal, as already indicated above. 4. In support of the prosecution case, the complainant examined four witnesses, including himself. Pappala Chinna Ramadasu was examined as P.W. 4 to prove that he had sold the Press to Boddepalli Lakshminarayana, and two other witnesses were examined to prove the removal of the Printing Press by the appellants. 5. The defence of the appellants was as follows : According to them, the Press originally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... removed during the day on March 27 and the lease amount was paid on the 28th. According to them, the second appellant was the owner, in law and in fact, of the Press and the first appellant was the lessee and had removed the Press in the bona fide exercise of his right as lessee. The appellants examined eight witnesses in support of their case. 6. The case of the prosecution hinged upon the evidence of Pappala Chinna Ramadasu, when confronted with Ex. D-2, he denied his signature, and stated evasively that he could not identify the signatures of Govindachari and Appala Naidu. He admitted, however, that Appanna used to look after the Press after 1953, though he said that he used to visit the Press once in two or three months before he so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fectively ceased from 1953 even as a mere printer. It is unnecessary to examine whether this finding or the finding given by the Judicial Second Class Magistrate, Srikakulam, who held otherwise, was the correct inference from the facts. The learned Judge of the High Court, who heard the appeal against the acquittal, said nothing about Ex. D-2. According to him, the removal of the Press amounted to theft, even though the appellants removed it under a bona fide claim of right. 8. In this statement of the law, the learned Judge was, with respect clearly in error. This is what the learned Judge observed : Further, to a charge of theft, the plea that the property was removed under a bona fide claim of right would not avail. For example a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffectively decided by the Civil Court. For purposes of Criminal law, the evidence prima facie pointed to a transfer of the Press by Pappala Chinna Ramadasu and Govindachari to Kuna Appala Naidu. The evidence prima facie also established that the appellants had taken possession of the Press under a bona fide claim of right, and that, in our opinion, was sufficient to dispose of the present case. The Additional District and Sessions Judge, Srikakulam, had rightly held that the matter was for the decision of the Civil Court, and that this was not a case of theft under the Indian Penal Code, and had rightly directed the acquittal of the appellants. The learned Judge of the High Court considered the declaration by Pappala Chinna Ramadasu, which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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