P RADHAKRISHNAN Vs. V VENKATESWAMY

JUDGEMENT

(1.) THIS is a petition to direct the Sessions Judge, Chingleput, to receive the papers returned by him. The petitioners were convicted by the Judicial Second Class Magistrate I, Saidapet, for an offence under section 448, Indian Penal Code. When he presented the appeal before the Sessions Judge, the appeal memorandum was returned for the reason that in one portion of the judgment, the date of the judgment was shown as 24th November, 1984, whereas at the end of the judgment, the date was indicated as 10th November, 1984. The learned Counsel for the petitioners further represents that when he took back the certified copy issued by the Magistrate to the concerned Magistrate, seeking rectification of the date, the Magistrate declined to make any alteration in the order already issued by him for the alleged reason that he has become functus officio in this respect. It is under these circumstances that the petitioners have come before this Court for a direction.

(2.) WHEN a judgment contains two dates and when there is not much difference between the two and then when taking into account the earlier date, the case is not hit by limitation there is no point in the Appellate Court returning the appeal. If the Appellate Court is interested in knowing the exact date, it can do so by calling for the records. Even if the Appellate Court finds it necessary to have the judgment rectified, while returning the judgment to the parties the Appellate Court should simultaneously send an intimation to the trial Court-concerned directing the Court to get back the judgment containing clerical defects, to rectify them and give it back to the party. If a mere return is made without any such direction, the parties find themselves in an impasse and they are bound to come to this Court for solution in such simple matter. As far as this case is concerned, both the petitioners and the respondent who is the complainant in the case agree that the appeal is not hit by limitation. Therefore, the Sessions Judge is directed to receive the appeal memorandum and proceed with the case. The Criminal M.P. is ordered accordingly.