AMARENDRA NATH Vs. RAGHUNATH NANDAN

JUDGEMENT

(1.) These two Rules arise out of certain proceedings (Case No. c 649/446 of 1950 of the Court of the First Class Magistrate, Barrackpore) started on a complaint to the effect, inter alia, that by false and fraudulent representations the five accused persons had induced the complainant to advance a sum of Rs. 11000 to accused l on a mortgage of certain land, situate at Baranagore within the District of 24-Parganas.

(2.) The complaint was filed before the Sub-Divisional Officer of Barrackpore on 9th May 1950, and on that very date the accused were summoned under Section 420, Penal Code. After several dates the trial actually commenced on 13th September 1950 and between that date and 12th January 1951 six prosecution witnesses were examined and cross-examined before charge. Thereafter, arguments were heard on two dates and, eventually, the case was adjourned to 1st February 1951 for the framing of charge. On that day the learned trying Magistrate expressed the view that, on the evidence, the offence if any, had been committed outside the local limits of his jurisdiction and as such he had no jurisdiction to try the case. Thereupon, the complainant's lawyer asked for time to consider the position and the learned Magistrate postponed passing orders till the next day, namely, 2nd February 1951. On this latter date, the complainant applied for time to move this Court under Section 526, Criminal P. C. and, the usual bond having been furnished, the learned Magistrate granted him time till 2nd March 1951. On 19th February 1951, the complainant moved this Court under Sections 439 and 526, Criminal P. C. and obtained Rule No. 172 of 1951. The other Rule (No. 223 of 1951) was, thereafter, obtained by accused 2 and 3 for the quashing of the proceedings (Case No. G 649/446 of 1950 aforementioned) pending against them.

(3.) The two Rules have been heard together and. all relevant materials have been placed before us by the learned Advocates appearing for the parties.