PONNUSWAMY Vs. L GURUSWAMY

JUDGEMENT

(1.) The common question that arises in all these revisions is this :Whether the Chief Judicial Magistrate has got the jurisdiction to try the Economic Offences triable by the First Class Magistrate, when once the post of Chief Judicial Magistrate has been upgraded to the rank of District Judge?

(2.) Ponnuswamy, the petitioner herein, an accused in C. C. Nos. 235 to 244 of 1990 on the file of the I Additional Sessions Judge-cum-Chief Judicial Magistrate, Coimbatore, has approached this Court in these revisions challenging the orders passed by the trial Court dismissing the applications filed by him requesting for transfer of the cases to some other Judicial Magistrate as the Chief Judicial Magistrate has been elevated as District Judge, or else, he would lose his right to file an appeal before the District Court, in the event of conviction.

(3.) The short facts are :- In the year 1990, the complainant-Income Tax Officer, the respondent herein filed 10 complaints in C. C. Nos. 235 to 244 of 1990 before the trial Court for the offences under Sections 276C(ii) and 277(ii) of the Income-tax Act. During the pendency of the trial in these cases before the Chief Judicial Magistrate, Coimbatore, by virtue of G. O. Ms. No. 599 dated 21-4-1995, the Chief Judicial Magistrates in the districts were upgraded as Chief Judicial Magistrate-cum-Additional District Judge, Grade-II. When this post was upgraded to the District Judge, on the representation made by the counsel for the accused in these cases, the Principal District Judge and the Chief Judicial Magistrate have sent several letters to the Registrar of this Court dated 29-2-1996, 3-6-1996, 27-11-1996, 28-2-1997 and 21-3-1997 requesting administrative instructions from this Court as to whether the cases of the economic offences can be tried in this Court itself or can be transferred to any other Court of First Class Magistrate at Coimbatore, in view of the upgradation of the post of Chief Judicial Magistrate to the cadre of District Judge. Since those instructions had not been received by the trial Court despite several reminders sent on various dates as stated above, the learned Chief Judicial Magistrate at Coimbatore wanted to dispose of the cases by continuing the trial. At this stage, the petitioner filed petitions for transfer of these cases to some other Judicial Magistrate's Court at Coimbatore, mainly on the ground that if the Chief Judicial Magistrate-cum-Additional District Judge continues to conduct trial and convicts the petitioner, the petitioner would lose his right to file an appeal before the District Judge and as such, he has not file an appeal only before the High Court. These petitions were entertained. After hearing the counsel for the parties, the learned Chief Judicial Magistrate-cum-Additional District Judge passed orders rejecting the prayer of the petitioner holding that the Chief Judicial Magistrate has got the jurisdiction to continue the trial of the cases. These orders are put in issue in these revisions before this Court.