DAULAT MANSINGHAHER Vs. C R BANSI

JUDGEMENT

(1.) RESPONDENT No. 1 C. R. Bansi, who is the father of Alka has filed the present complaint under section 4 of the Dowry Prohibition Act, 1961, in the Court of Metropolitan Magistrate, 29th Court, Dadar, Bombay. Before filing this complaint necessary sanction from the State government was also obtained.

(2.) IT appears from the record that the accused-petitioner filed an application dated 6th October, 1978 raising a contention that the said court had no jurisdiction to entertain and try the case as the accused and the complainant were residing outside the jurisdiction of that court. A contention was also raised that the complaint was barred by law of limitation and hence it was liable to be dismissed. These were the only contentions raised before the trial court. At this stage it is conceded by the learned Counsel that the complaint was filed within the period prescribed.

(3.) AFTER hearing both sides, the learned Metropolitan Magistrate held that the complaint was filed within the period of limitation i. e. one year. He further found that the copy of the letter by which dowry was demanded shows that it was written from Bombay-31 and in view of the provisions of Sections 178 and 179 of the Code of Criminal procedure, the Court has jurisdiction to try the case. The learned magistrate further found that the local area of Bombay-31 comes within the jurisdiction of his Court and in view of this he dismissed the said application. It is this order which is challenged before us in this criminal Application.