(1.) IN tills revision the correctness of the conviction of the petitioner is challenged, and the only point argued before us is that his trial is vitiated by a misjoinder of charges.
(2.) THE petitioner was the Postmaster of the experimental Branch Post Office at Kotpur under the Dharmsala P. S. in Cuttack district and in that capacity he received three postal money orders from the Dharmsala Post Office, for disbursement to the payees. The three money orders are:
(3.) THERE is considerable divergence of opinion not only among the different High Courts but also among Judges of the same High Court as to whether Sections 234 and 235, Criminal P. C., are mutually exclusive. One view is that the two sections may be read as supplementary to each other and in a cumulative sense, so that any number of offences committed in the course of the same transaction & falling within Section 235, may be charged at one trial and that such transactions not exceeding three in number and committed within the space of twelve months, may also be charged under Section 234 of the Code. As a result of the combination of the two Sections an accused may be put on trial for three offences committed in the course of the same year and also other offences arising out of the three acts provided they form part of the same transaction.