PREMALATA SUBHASH NABARIA Vs. PARAS SHANTILAL KANKARIA

JUDGEMENT

(1.) THIS appeal is filed challenging judgment and order dated 16th November, 2009 passed by the 6th Judicial Magistrate First Class, Ahmednagar discharging the accused i. e. respondent herein in summons case.

(2.) BRIEF facts of the case as disclosed in the appeal are as under :

(3.) THE case in hand raises important question of law that, whether the 6th Judicial Magistrate First Class, Ahmednagar could have discharged the respondent/accused taking recourse to Section 245(1) of the Criminal Procedure Code, since the case which is tried by the Magistrate was summons case. It is admitted position that, the only Section 403 of I. P. Code was invoked against the respondent i. e. original accused and for which maximum sentence provided is two years. THE provision of Section 2(w) and 2(x) of the Criminal Procedure Code reads as follows : 2. Definitions. In this Code, unless the context otherwise requires, (a) .................... (b) .................... (w) "summonscase" means a case relating to an offence, and not being warrantcase. (x) "warrantcase" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. THErefore, on perusal of Section 2(x), it is abundantly clear that any warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. As stated earlier Section 403 of the I. P. Code is invoked in the instant case. THE provisions of Section 403 of the I. P. Code reads thus :