S ARUNACHALA GOUNDAN Vs. K S AKHILESHWARA AYYAR

JUDGEMENT

(1.) This criminal revision petition has been filed against an order refusing to entertain a complaint within the limits of Coimbatore district on the ground that it should have been filed within the limits of Travancore-Cochin State.

(2.) The brief facts are: The complainant and the accused were parties to a civil suit numbered as O. S. NO. 217 of 1950, District Munsiff's Court, Coimbatore. They entered into a compromise under which the accused was constituted agent for the purpose of making collections for the complainant in regard to the distribution of a picture called "Mangayarkarasi" in the State of Travancore and that the accused was to remit the sums to the complainant in Coimbatore district. There had been default and it is stated that the accused had been swindling moneys and was not accounting for the same. Therefore the complaint was laid in Coimbatore.

(3.) The learned Sessions Judge citing five decisions held that the complaint ought to be laid in Travancore State and not in Coimbatore and dismissed the revision petition filed by the complainant whose complaint was returned by the First Class Magistrate, Coimbatore, under Section 201, Criminal P.C. for want of jurisdiction.