CHUDAMAN NARAYAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE are two companion revision applications from the judgment of the learned Additional Sessions Judge, Jalgaon dismissing the revision applications filed by the petitioner against two orders passed by the learned Judicial Magistrate, First Class, Jalgaon. The facts leading to the revision applications before us are as follows:

(2.) CHUDAMAN Narayan Patil, who is the petitioner in these revision applications, was employed in the Revenue Department of the Government of Maharashtra and at the material time he was working as a Special Recovery Officer in the Jalgaon People's Co-operative Bank Limited. He worked in this capacity from the 20th of January 1962 to the 3rd of October 1962. It was found that he had committed criminal breach of trust in respect of a sum of Rs. 583 which was entrusted to him during this period. He was accordingly prosecuted under Section 409 of the Indian Penal Code in Sessions Case No. 46 of 1963 and was found guilty of that offence. He was sentenced to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs. 500 in default to suffer rigorous imprisonment for a period of three months. The appeal filed by the petitioner against the order of conviction and sentence was dismissed by this court. His application for leave to appeal to the Supreme Court and the application filed by him before the Supreme Court for special leave to file an appeal were also dismissed.

(3.) AFTER the conclusion of the Sessions Case, two more chargesheets were filed against the petitioner under S. 409 of the Indian Penal Code in the Court of the learned Judicial Magistrate, First Class, Jalgaon. In the first of these chargesheets, the allegation against the petitioner is that he had committed criminal breach of trust in respect of a sum of Rs. 53 which was received by him on the 23rd of July 1962 and that he had also committed a similar offence in respect of a sum of Rs. 106 which was received by him on the 21st of August 1962. In this case (Case No. 42 of 1966) an application Ex. 4 was filed by the petitioner contending that the order of conviction in Sessions Case No. 46 of 1963 constituted a bar to the trial in view of the provisions contained in Section 403 of the Criminal Procedure Code and that therefore, the proceedings could not be continued. This application was rejected by the learned Magistrate and the revision application filed against that order has been dismissed by the learned Additional Sessions Judge, Jalgaon. Being aggrieved by the later order, the petitioner has filed Revision Application No. 60 of 1967.