Case Note & Summary
The complainant, Salimbhai, filed a complaint before the Judicial Magistrate First Class, Nagpur, alleging an offence under Section 406 of the Indian Penal Code (IPC) against the accused. The magistrate, after hearing the complainant and recording verification, issued process against the accused on 1.7.2003. The accused challenged this order before the Sessions Judge, Nagpur, in Criminal Revision Application No.1063/2005. The Sessions Judge, on 18.11.2005, allowed the revision and set aside the order issuing process, recording findings that the complainant had not prima facie established his contention. The complainant then filed the present criminal revision application before the High Court. The High Court examined the scope of revisional jurisdiction under Section 397 of the Code of Criminal Procedure, 1973 (CrPC). It held that the Sessions Judge exceeded his jurisdiction by recording findings on merits as if deciding the case finally. The revisional court is only to see whether there is a prima facie case for the offence alleged. The High Court found that the magistrate had correctly issued process based on the complaint and verification, which disclosed a prima facie case of entrustment and breach of trust. Therefore, the High Court allowed the revision, set aside the order of the Sessions Judge, and restored the order of the magistrate issuing process. The court directed the trial to proceed expeditiously.
Headnote
A) Criminal Procedure Code - Revision - Jurisdiction of Sessions Court - Order issuing process - The Sessions Judge, while deciding a revision against an order issuing process, cannot record findings on merits as if deciding the case finally. The revisional court is only to see whether there is a prima facie case for the offence alleged. (Paras 1-10) B) Indian Penal Code, 1860 - Section 406 - Criminal breach of trust - Entrustment - For an offence under Section 406 IPC, the prosecution must prima facie show entrustment of property and dishonest misappropriation or conversion by the accused. (Paras 5-8) C) Criminal Procedure Code, 1973 - Section 397 - Revision - Scope - The revisional court cannot substitute its own findings for those of the magistrate unless the order is perverse or illegal. (Paras 3-6)
Issue of Consideration
Whether the learned Sessions Judge exceeded his jurisdiction by recording findings on merits while deciding a revision against the order issuing process under Section 406 IPC.
Final Decision
The High Court allowed the criminal revision application, set aside the order of the Sessions Judge dated 18.11.2005, and restored the order of the Judicial Magistrate First Class dated 1.7.2003 issuing process against the accused. The trial court was directed to proceed with the case expeditiously.
Law Points
- Jurisdiction of Sessions Court in revision against issuance of process
- Prima facie case for Section 406 IPC
- Entrustment and breach of trust
- Criminal breach of trust
