In Re: G.S. Pasha and Others

Somasundaram, J.—These are three revisions filed by accused 1 to 3 in C. C. No. 8888 of 1953 on the file of the court of the Fourth Presidency Magistrate. They were tried on three charges. The first charge is that the three accused on or about the 22nd day of May 1951 in furtherance of the common intention fraudulently & dishonestly used as genuine a certain document, to wit, a cash receipt dated 22-5-1951 for Rs. 700 purporting to be issued by V.R. Krishna and Co., 12 Wallers Road, Madras, which the three accused know or had reason to believe at the time they used it to be a forged document and thereby committed an offence u/s 471, read with Section 34 I.P.C.

The second charge is that the three accused on the same date in furtherance of the common intention of all of them dishonestly misappropriated a sum of Rs. 700 belonging to the Madras Co-operative Motor Transport Society and thereby committed an offence punishable u/s 403 read with Section 34, I.P.C. The third charge is that on or about 16-11-1951 the three, accused in furtherance of the common intention of all of them dishonestly misappropriated a sum of Rs. 261 belonging to the Madras Co-operative Motor Transport Society and thereby committed an offence punishable under S. 403 read with Section 34 , I. P. C

The first charge by itself amounts to a single transaction and similarly counts 2 and 3 amount to different transactions. All the three charges cannot be tried together and the trial is vitiated by misjoinder of persons and offences. The charges will be split up. The convictions and sentences are set aside and there will be a re-trial of the three accused on the three counts separately.

There will be no trial on count 2 against the three accused and another trial against the three accused on count 3. There need be no trial on count No. 1. It is quite unnecessary. The case will be transferred to the Presidency Magistrate Sri K. Ramaswami Ayyangar who will dispose of it according to law.