LAWS(KAR)-1977-11-8

MYSORE MANUFACTURERS TRADERS Vs. RAY CHOUDHRY

Decided On November 03, 1977
MYSORE MANUFACTURERS, TRADERS Appellant
V/S
RAY CHOUDHRY Respondents

JUDGEMENT

(1.) This revision petition is directed against the order dated 10-8-1976 by which the Metropolitan Magistrate, III Court, Bangalore City, directed the return of the complaint to the complainant for being presented to the proper Court.

(2.) The Complainant Dr.Indra Sanghi, who is doing business in Bangalore under the name and style M|s.Mysore Manufacturers & Traders", imported five paper bags of synthetic resin under actual user's licence from Germany. The goods arrive'd at Madras harbour. The accused, who is a clearing agent, agreed to clear the goods and despatch the same to Bangalore by M/s.Umashankar Transport as desired by the complainant. For doing this work, a demand draft for Rs.3200|- was sent to the accused and the same was accepted by him. The accused, after clearing the goods, did not send the same to Bangalore, as alleged by the complainant.

(3.) A complaint was filed against the accused that he had committed criminal breach of trust, on the basis of which a case was registered. The accused appeared in Court and raised an objection that the court at Bangalore had no jurisdiction. The learned Magistrate upheld the objection and directed the return of the complaint for being presented to the proper court.