DIIARMACHAND BANDULAL GANDHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these Criminal Revision Petitions the common order passed by the Sessions Judge, Belgaum regarding the disposal of property involved in certain offences is challenged by the petitioners who were convicted and sentenced by the Judicial Magistrate, First Class, Chikkodi.

(2.) These petitioners were tried for offences punishable under S.5 read with S9 of the Karnataka Money-lenders Act, 1961 and S.3 read with S. 18 of the Karnataka, Pawnbrokers Act 1961 for carrying on money lending and pawnbroking business without possessing licences. When the accusation was read out these petitioners pleaded guilty. The Magistrate accepted the plea of guilt as voluntary and spontaneous and convicted them for the said offences and sentenced them to pay fines and in default to undergo certain period of simple imprisonment. Further the Magistrate directed the return of articles involved in those offences to the concerned owners after ascertaining the ownership from the records and other circumstances, and after the expiry of the appeal period. Aggrieved by this order of disposal of property the petitioners filed appeals before the Sessions Judge. The appeals were dismissed and the orders passed by the Magistrate were confirmed.

(3.) The only contention of Mr, Deshpande, learned Advocate for the petitioners, is that in view of the provisions of S.4(e) of the Karnataka Debt Relief Ordinance, 1975, the proper order that was required to be passed by the Magistrate was, to direct the Sub-Divisional Magistrate to return the pledged articles to the pawners who pledged them. In this view of the matter it is argued that the Magistrate was in error in exercising the general power of disposal of property conferred on him under S.452 of the Criminal Procedure Code of 1973.