( 1 ) THE dispute revolves around the interpretation of section 325 of the Code of Criminal Procedure. It arises in the following background.

( 2 ) ON March 28, 1987 the present petitioner was acquitted on a charge under section 477 A of the Indian Penal Code but convicted under section 409 of the Code. However, by a separate order passed on the same day, the learned Metropolitan Magistrate submitted the proceedings, and forwarded the petitioner to the Chief Metropolitan Magistrate holding that he ought to receive a punishment more sever than that which he was empowered to inflict. Aggrieved by it, the petitioner preferred an appeal before the Court of Sessions. The appeal, however, was dismissed holding that as the Magistrate had acted under section 325 (1) of the Code, the order of conviction was "simply an opinion" about the guilt of the accused and as such did not "amount to an order of conviction. ". Hence this revision petition.

( 3 ) WITH the background as frontlined in the preceding paragraph, it is time now to first reproduce sections 248 and 325 of the Code and then to come into grip with the contentions raised. The provisions referred to above run as under: