GALLAGHER Vs. EMPEROR

JUDGEMENT

(1.) These are two applications by Mandelli and Gallagher, who are prisoners in the Alipore Jail, for leave to appeal. The two convicted men were tried at the High Court Criminal Sessions by my learned brother Mr. Justice Chotzner and a jury.

(2.) Mandelli was charged with dishonestly using as genuine a forged document, knowing the same to be forged, forgery for the purpose of cheating, and other charges which I need not enumerate; and Gallagher was charged with abetment of the same. They were both convicted and sentenced to a term of imprisonment on the 3 of December 1925. I propose to deal with the application of Gallagher in the first instance.

(3.) The learned advocate, who appeared at the request of the Court for him and to whom we are much obliged for the assistance which he has given, relied upon Section 449(1)(c) of the Criminal P. C.. This section was enacted by Act 12 of 1923 and under that section it is necessary for the Court to be satisfied that if this case had been tried outside the Presidency town it would have been triable under the provisions of Ch. 33.