Patnaik, C.J. -- 1. These are references made by the Sessions Judge, Jabalpur and the Additional Sessions Judge, Indore under sub-section (2) of section 295 of the Code of Criminal Procedure Code, 1973 (for short "the CrPC") referring the following two questions of law to the High Court :

"1.(a) Whether the recent amendment dated 22.2.2008 in the Schedule I of the CrPC is to be applied retrospectively?

1.(b) Consequently, whether the case pending before the Magistrate First Class, in which evidence partly or wholly has been recorded, and now has been committed to this Court is to be tried de novo by the Court of Sessions or it should be remanded back to the Magistrate First Class for further trial?

2. The background facts briefly are that a challan under section 409 of the Indian Penal Code (for short "the IPC") was filed against the accused on 4.7.1995 before the Judicial Magistrate First Class. Evidence of 9 out of 10 witnesses in the case has already been recorded and the case was fixed for the evidence of the 10th witness, the Investigating Officer to 13.3.2008. In the meanwhile, by the M.P. Act No.2 of 2008 called the 'Code of Criminal Procedure (Madhya Pradesh Amendment) Ac