BHOPAL SUGAR INDUSTRIES LTD Vs. BALRAMDAS

JUDGEMENT

(1.) THE petitioner Bhopal Sugar Industries Ltd., is a public limited company having its registered office at Sehore. It filed a complaint against four of its employees described as non -applicants in this case in the Court of Sub -Divisional Magistrate Sehore, complaining that in collaboration with each other these employees forged certain vouchers, made fictitious entries in the account, books and misappropriated the funds of the company. It was alleged that by these acts they have committed offences punishable under Sections 420, 468, 405, 403 and 420/114 I.P.C. The Magistrate took cognizance of the offence and issued process for the attendance of the accused. After the accused had put in appearance, the complainant by its application dated 2 -3 1954, requested the Court to direct the accused persons to furnish specimen writings to enable the hand -writing expert to compare them and to prove that the vouchers In dispute were forged by them.

(2.) THE application was opposed by the accused and they refused to give their specimen writings. They went up in revision against the order of the Magistrate directing them to furnish specimen of their handwriting but failed to get success as the Judicial Commissioner by his order dated 30 -10 -1954 upheld the order passed by the trial Magistrate.

(3.) AT this stage the prosecution applied for being permitted to put in certain documents which according to it were in the handwriting of the accused persons and requested the Court to recall three of the witnesses and to examine one more witness to prove them. The application was opposed and was rejected by the Magistrate. The complainant preferred a revision -application to the Sessions Judge Bhopal, The learned Sessions Judge has made this reference as he is of opinion that the order of the Magistrate is wrong and deserves to be set aside.