ANANDARAJ Vs. S R JAIN

JUDGEMENT

(1.) THIS is a petition filed under Sec. 482 of the Code of criminal Procedure to quash, the proceedings in C. C. No. 513 of 1988 on the file of the Judicial Magistrate, Ambattur.

(2.) THE respondent herein preferred a complaint before the sub-Divisional Judicial Magistrate, Poonamallee on 6. 9. 1983 against the petitioner impleading him as the treasurer of Shree Jain Sangh , Villivakkam and against three others, viz. (1) Shree Jain Sangh , Villivakkam , represented by its President Fathelal Ji , (2) Fathelal Ji , son of Sathya Danjee , President, Shree Jain Sangh , Villivakkam and (3) Ramlalji , sonof Abeckand , Secretary, Shree Jain Sangh , Villivakkam for the alleged offences under Sec. 56 of the Tamil Nadu Chit Funds Act and under Sec. 403 read with Sec. 34, I. P. C. and learned magistrate took the complaint on file on 14. 9. 1983 against the petitioner alone for the said offences.

(3.) REGARDING the first bone of contention, there can be no manner of doubt whatever that the learned Magistrate had of course as per the prayer of the respondent-complaint, issued process to the petitioner-accused to be examined/as a prosecution witness in proof of the case of the process by the Magistrate to the petitioner-accused that is challenged by learned counsel for the petitioner, as offending the provisions of Art. 20 (3) of the Constitution of India as well as Sec. 315 of Crl. P. C. For better appreciation of the stand taken in this regard, the aforesaid provisions may be quoted here.