MAHESH BABU TOTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under Section 11 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, challenges the order of framing of charge and order passed below Exhibit-4 both dated 29th July, 2019.

(2.) Facts essential for decision of this petition are as under;

(3.) Indisputably, a copy of final report was served on Appellant on 29th July, 2021, when he was produced on production warrant from the jail AND on the same day, charge was framed against him. From the Chronology of events and narration aforestated, it is manifest that Appellant was not heard, although the Cr.P.C. obliges that in warrant and the Sessions trial hearing before charge is mandatory requirement. This valuable right has been denied to Appellant-Accused. It is material irregularity committed by the learned Sessions Judge in exercise of his jurisdiction.