NEMICHAND Vs. CIVIL JUDGE, II-CLASS, MANDLESHWAR

JUDGEMENT

(1.) THIS reference is made by the Sessions Judge, Mandleshwar, under Section 438 Cr. P.C.

(2.) FACTS giving rise to this reference, briefly stated, are as follows:The Petitioner Nemichand filed a civil suit, being case No. 338 of 1955, against one Moolchand In the Court of the Civil Judge, Second Class, Mandleshwar for recovering certain money. During the trial, the learned Civil Judge found that the Petitioner had not complied with the requirements of Section 9 of the Madhya Bharat Money Lenders Act of 1950. Upon this finding, he took cognizance of the offence and tried and convicted the Petitioner under Section 18 of the aforesaid Act and sentenced him to pay fine of Rs. 5. Aggrieved by his conviction and sentence, the Petitioner preferred a revision -application to the Sessions Judge, Mandleshwar, The learned Judge being of the opinion that the conviction was illegal has referred the matter to this Court for passing suitable order.

(3.) IN the present case, not only the Magistrate failed to ask the accused, if he desired the case to be transferred to another Magistrate but actually insisted on trying it himself, even though the accused submitted an application for transfer. The trial of the case by the learned Magistrate and conviction must therefore, be held to be illegal.