- (1.) S. I. Jafri, J. This application has been filed by H. D. Mundra the then Chairman of the Board of Directors, British India Corporation Limited, Kanpur and B. D. Daga, for quashing the charge-sheet and the proceedings in S. T. Nos. 110 and 110-A of 1959 pending against them in the Court of IIIrd Additional Sessions Judge, Kanpur in crime No. 300 under Section 419/420/467/468/471/114/120-B, I. P. C. The charge-sheet was submitted in the court after an investigation was conducted by the C. I. D. on the complaint dated 30. 1. 58 presented before the District Magistrate, Kanpur by Sri R. L. Powell, agent to the receiver, Begg Suther Land and Co. Pvt. Ltd. The charge-sheet was submitted by Sri Indra Pal Singh, Deputy S. P. , C. I. D. on 17. 8. 1958.
(2.) THE prosecution case is that H. D. Mundra, applicant, being as Chairman of the Board of Directors, British India Corporation entered into a criminal conspiracy along with B. D. Daga the applicant No. 2 and one M. C. Mitra (since deceased) with a view to cheat Kanpur Textiles and Elgin Mills Ltd. Corporation, Managed by B. I. C. (British India Corporation)in order to obtain money from them i. e. one lac was taken on 20. 11. 1957 and 2 lacs on 25. 11. 1957. It was further alleged by the prosecution that H. D. Mundra with a view to obtain the aforesaid amount represented to Mr. H. Hill, the Cotton Director of B. I. C that the money taken was meant for Associated Commercial Corporation of Calcut ta who were in need of money and who would be setting it off against the Cotton to be supplied by them from their Branch Office at Fazilka. It was further alleged by the prosecution that the aforesaid money was not taken from for the aforesaid purpose by the applicants as the Fazilka Unit of M/s Associated Commercial Corporation kept on charg ing cash price for the cotton supplied by them. It was further alleged that the applicants have obtained the aforesaid amount by playing deception. B. D. Daga applicant having cash the bearer cheques in favour of M/s. Associated Commercial Corporation and he signed on the back of the cheques as K. K. Daga, Partner M/s. Associated Commercial Corporation in token of receipt of payment of the amount. The aforesaid cheques was said to be given to the applicant H. D. Mundra by Mr. H. Hill (now dead) Cotton Director of B. I. C. and incharge of Cotton Affairs of all units of B. I. C. The applicants were committed to the court of Sessions by learned Magistrate on 18. 7. 1959 to stand their trial. The accused pleaded not guilty to the charges and took the stand that the cheques in dispute were never handed over to H. D. Mundra applicant by Mr. H. Hill.
(3.) THE trial of the accused applicants commenced in the Court of Sri R. K. Circar, IHrd Additional Sessions Judge, Kanpur, in beginning of the year 1965. Thirty witnesses were examined at Kanpur, Azamgarh and Gorakhpur, during the posting of Sri R. K. Circar in those districts. THE statement (only examination-in- chief) of Sri H. Hill was recorded in England on Commission on 12. 12. 63 behind the back of the applicants as there was no notice to the applicants of the date of examination of Mr. Hill despite the order of the Sessions Judge that the date of examination of Mr. Hill in England be communicated to the applicant in order to enable them to the present for cross-examina tion either in person or through Counsels it appears that on account of the death of Mr. H. Hill in England the applicants could not cross examined him. Sri R. K. Circar Sessions Judge with whom the case remained tied up throughout, retired from service on 7. 8. 67 whereupon the High Court ordered f0or the de novo trial and the Sessions Judge, Gorakhpur consequently sent back the file of the case to the Court of Session Judge, Kanpur on 5. 1. 68 for denovo trial.;