SUDHINDRA NATH DUTT Vs. STATE

JUDGEMENT

(1.) The appellant Sudhindra Nath Dutt was convicted by Sen J., at a Sessions trial held on the Original Side of this Court on a charge under Section 120-B, read with Sections 477A and 408 of the Indian Penal Code and seven other charges of specific offences under Section 477A. The verdict of the jury was divided in the proportion of 6 to 3. The learned Judge sentenced the appellant to rigorous imprisonment for four years on the first count, but as regards the remaining counts, he did not pass any separate sentence.

(2.) The offences charged against the appellant were alleged to have been committed by him in his capacity of Managing Director of a bank, called the Calcutta Commercial Bank. He was an accused in several other trials held at the same sitting of the Criminal Sessions for other offences alleged to have been committed in connection with the affairs of the same bank. At all those trials he was further convicted and the sentence passed on one of the convictions was rigorous imprisonment for seven years.

(3.) The appellant preferred separate appeals to this Court from his several convictions. All his appeals were dismissed summarily except the present appeal. The present appeal was admitted because although a common ground had been taken in all the appeals that the learned trial Judge having had some previous connection with the case in another capacity, ought not to have presided over the trial, some material in support of that contention was for the first time placed before the Court at the hearing of the application for the admission of the present appeal which came to be heard last.