Judgment

GAJENDRAGADKAR, J. : The principal point which the appellant, the State of West Bengal, has raised for our decision in the present appeal, is whether the provisions of S. 540 of the Code of Criminal Procedure apply to a case tried by the Magistrate under S. 207A of the Code. That question arises in this way. On July 7, 1960, a charge sheet was submitted under S. 113 of the Code by Inspector Bhuromal of the Special Police Establishment, New Delhi, in the Court of the Chief Presidency Magistrate, Calcutta, against Hari Das Muadhra, accused No. 1, and the respondent Tulsidas Mundhra, accused No. 2, under Section 120B/409 and Ss. 409 and 477-A of the Indian Penal Code. On the August 5, 1960, both the accused persons appeared before the learned Chief Presidency Magistrate and furnished bail. Thereafter, the case was transferred to M. Roy, the Presidency Magistrate, 5th Court for further proceedings.

(2) On October 10, 1960, copies of the documents were furnished to the accused persons, and since the record was voluminous, the hearing of the case was adjourned to December 7, 1960. On March 1, 1961, parties were heard and in view of the nature of the offences and the amounts invol