1943 (11) TMI 12

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on in revision to interfere with the procedure of the Presidency Magistrate, 2nd Court, Bombay, who is trying an offence under Section 282 of the Indian Companies Act of 1913. That offence is punishable with imprisonment for three years and also with fine. The learned Magistrate is trying it in a summary manner and is not recording the evidence in full, and the prosecutor in the case contends that....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sidency Magistrate according to the procedure laid down in Section 362 of the Criminal Procedure Code; and the question before us really amounts to the question whether the powers given to Presidency Magistrates by the general Act (Criminal Procedure Code) can be deemed to have been abrogated by the wording of Section 278 of the special Act (Indian Companies Act of 1913). We have no doubt that the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Companies Act was enacted, and this had the effect of allowing the Magistrate to try in a summary manner any offence punishable with fine only. The intention clearly was to extend the ordinary powers of a Presidency Magistrate under the Criminal Procedure Code beyond the limit of Rs. 200 provided by that Code but to restrict the extended power to offences punishable with fine only. That is the nat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....te has jurisdiction to try these cases in a summary manner without recording the evidence in full, it is nevertheless wrong that he should do so having regard to the volume of the evidence and length of time that would be taken to record it. This contention is largely based on In re Hanifabai [1930] 32 Bom. LR 1499 where a division bench of this Court interfered in a case which had been summarily ....