Judgement

GOVINDA MENON, J - On the 18th December, 1951, the Inspector of Police C.I.D., Nagpur filed a charge sheet, which was transferred for disposal to the 1st class Magistrate, Nagpur, against the respondent herein, under Section 408 of the Indian Penal Code, on the footing that the respondent being the personal adviser of Sir Maneckji Dadabhoy, Chairman and Managing Director of the Nagpur Electric and the Power Co. Ltd., Nagpur, and entrusted in that capacity with a car C.P. M-9 Plymouth, belonging to the company for sale, sold the same to Dr. C.V. Patel on the 12th of January, 1950, and embezzled the sale proceeds, with the result that an offence under the section aforesaid was committed by him. On objection being taken before the Magistrate that he had no jurisdiction to entertain the complaint, evidence was taken regarding that question and that officer by his order dated the 2nd December 1952, held the offence under Section 408, Indian Penal Code, could be tried by him and directed the case to proceed. The respondent thereupon applied to the Session Court of Nagpur to revise the Magistrate s order referred to above and the learned Sessions Judge was of opinion that the pro