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1951 Supreme(Bom) 98

CHAGLA, RAJADHYAKSHA, DIXIT
D. K. Chandra – Appellant
Versus
State. – Respondent


Advocates:
Ishwarlal C. Dalal, with Kusum Dalal, for Accused; H.M. Choksi, Govt. Pleader, for the State.

Judgement

Chagla, C.J. :- In this case the accused is charged with having committed criminal breach of trust in respect of the sum of Rs. 2,500 on 12th April 1949. He is also charged in the alternative with having cheated in respect of the same sum on the same day. He was also charged with having committed criminal breach of trust on 20th April 1949, in respect of a sum of Rs. 900. He is also charged in the alternative with having cheated in respect of the same sum on the same day.

2. The question that arises for the determination of this Full Bench is whether the joinder of these four charges is in accordance with law. A large number of authorities were cited at the bar, bat before considering them we might look at the scheme of the Criminal Procedure Code itself with regard to the framing of charges. The basic section is S. 233 which contains a mandatory provision and lays down the ordinary rule with regard to joinder of charges, and that section provides that for every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately. It will be noticed that this section makes no distinction between charges which are

































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