STATE OF MAHARASHTRA Vs. CHANDRASHEKHAR NILKANTH WASHIMKAR

JUDGEMENT

(1.) The State has filed the present revision questioning the validity of the order of Sept. 9, 1974, made by the Additional Sessions Judge, Nagpur in Sessions Case No. 32 of 1974, holding that, to that trial, the provisions of the Code of Criminal Procedure, 1973, are applicable and that the said trial is not governed by the provisions of the Code of Criminal Procedure, 1898 (hereinafter called the new and the old Code). Consequent upon that view, the impugned order is made transferring the trial to Chief Judicial Magistrate, Nagpur, for the offences under sections 467, 468, 471 and 420 of the Indian Penal Code.

(2.) Few facts that are relevant for the purpose of the present controversy and which are not in dispute are that the committal proceedings under Chapter XVIII of the old Code, concluded by an order of Feb. 27, 1974 and the committal Court framed the charge on the basis of the allegations that the opponent accused was working in the Bank of Maharashtra and was concerned with forgery and cheating with regard to an amount of Rs. 1400 from the account of one Daulatrao Kakde. It is not necessary to set out further facts of that charge. Suffice it to say that under Chapter XVIII proceedings, the committing Magistrate found that the offence was prima facie made out for trial by the Sessions Court.

(3.) The new Code became the law as applicable on April 1, 1974. The papers from the committal Court reached the Sessions Court, Nagpur, as is clear from the first order-sheet, on March 18, 1974, and on that date an application on behalf of the accused to continue the accused on the same bail as per Exh. 1 was taken up and considered. There is an order directing that the accused was to continue on the same bail bond as in the committal Court and the case was adjourned for personal appearance of the accused which was fixed on 10-4-74. By that date, the new Code has come into force.