JUDGMENT Blank, J. - This rule was issued to show cause why a conviction under S. 341, Penal Code, and sentence of one month's simple imprisonment passed by the learned Presidency Magistrate on the petitioner should not be set aside. 2. The facts in brief are that the complainant Adhir Roy, described as a hand cart driver, prosecuted the petitioner on a charge of causing wrongful restraint to the complainant inasmuch as the petitioner did not allow the complainant to take out his cart from a Khatal, that is a place where carts are kept. 3. The learned Magistrate found that the complainant had a cart and that the accused obstructed the complainant by pushing him. On these findings he convicted the accused as already stated. 4. The learned Magistrate has submitted in his explanation that there was evidence to prove that the cart in question belonged to the complainant. He pointed out that the complainant produced a receipt for purchase of a hand cart and a Municipal license whereas the accused petitioner produced no such evidence. Further that the claim of the accused petitioner to the handcart had no support except statements, described by the learned Magistrate as self-contradictory, of a single prosecution witness. 5. The learned Magistrate has come to the above findings of fact and there is evidence on which he could have come to them. Whether he has done so rightly or wrongly is not a matter into which we can enter in revision. 6. One such matter has however been placed before us by the learned Advocate for the petitioner. He submits that if there was a bona fide dispute as to the ownership of the cart his client is entitled to the benefit of the general exception contained in S. 79, Penal Code. 7. In our view, there is substance in this contention. The learned Magistrate has not gone into this aspect of the matter and the prosecution evidence does not, in our opinion, exclude a reasonable possibility that there was such a bona fide dispute. 8. On these considerations we are unable to support the conviction and sentence. The rule is therefore made absolute. The conviction and sentence are set aside. The petitioner will be discharged from his bail bond.