STATE OF HIMACHAL PRADESH Vs. MIRZA HUSSAIN BEG

JUDGEMENT

(1.) This is a Government appeal under Section 417, Cr. P. Code, against the acquittal of one Mirza Hussain Beg by a first class Magistrate of Chamba of offences under Section 409, I. P. C. and Section 5(2), Prevention of Corruption Act, 1947.

(2.) The respondent was employed in Chamba Municipality as Octroi Inspector from 14-9-1950 to 3-4-1951, on which latter date he was suspended. The charge against him was that amounts aggregating Rs. 1,369/7/9 were received by him from Jagdish Chand (P. W. 13) of Messrs. Sri Kanth Chowfla and Sons of Chamba as octroi duty under 3 receipts dated 21-11-1950, 2-1-1951 and 19-2-1951 but not deposited by him into the treasury. In other words, he was charged with having committed criminal breach of trust in respect of the said amount covered by the 3 receipts. The learned Magistrate acquitted him holding that it was no part of his duty to receive the alleged payments, and that the payments in question had also not been proved.

(3.) There was an objection in the nature of a preliminary objection taken by the learned counsel for the respondent, namely, that the appeal was time barred. On the face of it the appeal was presented within the prescribed period of 6 months under Article 157 of the Limitation Act since it was filed on 23-8-1952 against a judgment dated 10-4-1952. The learned counsel referred to notification No. J.C.10 (23)/49 dated 18-4-1949 and certain notes for guidance appended thereto. The notes do lend support to the contention that a period of 90 days would be the period of limitation for an appeal like the present, but the Judicial Commissioner had no jurisdiction to amend or repeal the provisions of Article 157, Limitation Act. The objection with regard to the appeal being time barred has therefore no force.