ABDUL KADAR SALEH MOHOMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS revision application is made on behalf of the seven accused, who have been committed to stand their trial before the Court of Session by the learned Presidency Magistrate, 16th Court, Esplanade, Bombay, for various charges, viz, forgery, using forged documents as genuine, cheating, and the conspiracy to commit these offences. When the case reached before the learned Addl. Sessions Judge, arguments were advanced before him that in respect of charge No. 1 in particular and in respect of other charges of forgery which may have occurred outside Indian territories the Addl. Sessions Judge would have no jurisdiction to try the case. The learned Addl. Sessions Judge rejected these contentions, and against that decision the present revision application is made to this court.

(2.) THE accused are nationals of South Africa and they arrived on various dates in India. Accused No. 1 first came to India on the 31st of March 1961. He left within a short time thereafter and returned on 23rd of April 1961. Accused No. 5 came on 16th of June 1961. Accused Nos. 3 and 6 came on 23rd June 1961. Accused No. 2 came on 14th July 1961 and accused No. 4 came on the 11th of August 1961.

(3.) IT appears that accused No. 1 when he landed in India made certiain declarations before the customs Officer of the foreign currency which he brought into India and later on he utilised this declaration after making alterations for the purpose of getting foreign currency from Indian dealers by cashing forged drafts of the standard Bank of South Africa. As many as 84 charges were framed against these accused by the learned Presidency Magistrate, which have been recast by the learned Addl. Sessions Judge and reduced in number to 64. During his Stay, accused No. 1 sold some drafts to one John Mascarenhas on the 21st of June 1961, of the total value of Rs. 36,900. Another set of drafts he sold to one Goverdhandas Ratansi Bajaria on the 22nd of July 1961, of the total value of Rs 80,000/ -. Within a very short time after these sales, it was discovered that these drafts were forged drafts and that these two persons were cheated by the accused. Inquiries were, therefore, set afoot and all the accused were arrested one after the other as a result of the coca-plaint made by these two persons.