STATE OF WEST BENGAL Vs. TULSIDAS MUNDHRA

JUDGEMENT

(1.) The principal point which the appellant, the State of West Bengal, has raised for our decision in the present appeal, is whether the provisions of section 540 of the Code of Criminal Procedure apply to a case tried by the Magistrate under section 207A of the Code. That question arises in this way. On the 7th July, 1960, a charge-sheet was submitted under s. 173 of the Code by Inspector Bhuromal of the Special Police Establishment, New Delhi, in the Court of the Chief Presidency Magistrate, Calcutta, against Hari Das Mundhra, accused No. 1, and the respondent Tulsidas Mundhra, accused No. 2, under section 120B/409 and sections 409 and 477-A of the Indian Penal Code. On the 5th August, 1960, both the accused persons appeared before the learned Chief Presidency Magistrate and furnished bail. Thereafter, the case was transferred to M. Roy, the Presidency Magistrate 5th Court for further proceedings.

(2.) On the 10th October, 1960, copies of the documents were furnished to the accused persons, and since the record was voluminous, the hearing of the case was adjourned to the 7th December, 1960. On the 1st March, 1961, parties were heard and in view of the nature of the offences and the amounts involved, the Magistrate took the view that the proper course to follow would be to adopt the commitment proceedings as laid down in s. 207A of the Code. Subsequently, the procedure prescribed by the said section was followed. It appears that accused No. 1 who had in the meanwhile been convicted in another case was undergoing a sentence of imprisonment in the District Jail at Kanpur and so, he could not be produced before the Magistrate until the 7th July, 1961. That is why the case had to be adjourned on some occasions and effective hearings did not make a material progress until the 7th July.

(3.) On the 6th July, 1961, the respondent filed a petition before the Magistrate alleging that amongst the documentary evidence sought to be relied upon against him by the prosecution were included three cheques and the prosecution case was that the writing on the cheques was in the handwriting of the respondent. The respondent disputed this allegation and prayed that he should be allowed an opportunity to examine defence witnesses to prove that the impugned handwriting was not his.