JOGENDRA NATH MUKHERJEE Vs. RABINDRA NATH CHATTERJEE

JUDGEMENT

(1.) This Rule has been issued on the District Magistrate of 24-Parganas to show cause why the conviction of the petitioner under Section 501 and the sentence of fine of Rs. 20 passed on him under that section should not be set aside.

(2.) The two grounds urged before me are first that statement of the accused under Section 342, Criminal Procedure Code, was not read over to him and his signature taken immediately after the close of the prosecution and that therefore, the trial was illegal. The other point is that there was manifestly no reliable evidence on which the Court could have based its conviction.

(3.) As regards the first point, I find that when it was brought to the notice of the Magistrate that the statement was not read over to the accused the latter was given an opportunity of making a further statement although it has never been asserted that the original statement was not correct. In the circumstances, this is not a ground for interference with the order which has been passed.