STATE Vs. SETH CHHADAMI LAL

JUDGEMENT

(1.) This is a reference under Section 438, Cr. P. Code, by the learned 1st Additional Sessions Judge of Agra recommending that an order of commitment passed by a 1st class Magistrate, Sri R. K. Rai, on 30-9-1954 be quashed with such directions as this Court may deem necessary. That the commitment in question was by a competent Magistrate is not denied. Such a commitment may be quashed by the High Court only, and only on a point of law. The point of law raised by the reference, and supported, on behalf of the accused and the State but controverted on behalf of the complainant, is that the committing Magistrate failed to comply with the provisions of Sections 208, 211 and 212, Criminal P. C.

(2.) The order of commitment in question was made on 30-9-54 by a 1st class Magistrate of Agra in proceedings initiated on a complaint by Rajendra Kumar Jain, Director of the Vir Industries, Delhi, against Chadami Lal, Lal Behari, Ram Sarup Gupta, Pearey Lal and three others for offences under Sections 409, 465, 467, 471 and 477-A, I. P. C. It is said that there was a sale, or agreement of sale, of the Bimal Glass Works by Chhadami Lal to the VI Industries in September 1950. The handing over of the Glass Works was however postponed by agreement until 1-5-1951, and during this period the Works were run by the quondam owner Chadami Lal. It was during this period that Chadami Lal and the other accused are said to have committed the offences in question.

(3.)