Hi Sir/Madam,
I happened to read a newsarticle yesterday stating that in a 138 Case( N I Act 1881) if Evidence is filed before a certain magistrate then the same magistrate has to give the final decision in that particular case. I have never heard or seen this before. This article was published in yesterdays edition of Marathi Daily Sandhyanand published from Pune. In that particular case a person X was convicted for an offence of 138. He appealed in the sessions court and high court but his appeal was rejected. Finally he went to Supreme Court whereby the SC was pleased to inform that the matter be adjudicated by the same magistrate of MM Court in whose presence the evidence was filed. No details of any case law was given
If its true pls let me know the case law.
Regards,
Nitin P Kotian