KRISHNA PRASANNA CHAKRAWARTY Vs. JAN MAHAMMAD

JUDGEMENT

(1.) These are two applications by one Krishna Praaanna Ohakravarty under the provisions of Section 526, Criminal P.C., praying for the transfer of two criminal cases pending against him in the Court of Mr. L. 8. Ingty, a Magistrate of the First Class at Kohima. The facts material to the application are these:

(2.) On 24th April i9i8 the applicant drew a cheque in favour of one Mr. D. K. Nath on the Noakhali Union Bank, Dibrugarh, for Ba. 85,687-10-6 in pursuance of an award passed by one Mr. D. K. Nath in a criminal case no. 6 of 1948 in which one Jan Muhammed was the complainant. On receipt of the cheque by Mr. Nath the case against the applicant filed by Jan Muhammed was disposed of by an order of acquit-tal passed on 24th April 1948, For some reason or other the applicant then advised the drawee Bank to withhold payment of the cheque. One Biawanath Missir who apparently had some interest in the amount covered by the cheque filed a criminal case against the petitioner at Kohima on 13th October 1948, Under Section 420, Penal Code. Similarly Jan Muhammed, who was the complainant in the case no. 6 of 1948, filed a complaint against the petitioner in the Court of the Eohima Magistrate. The applicant now seeks a transfer of the two cases pending in the Court of the First Class Magistrate at Eohima to any criminal Court at Dibrugarh on the ground that the only Court which had jurisdiction in the matter was the criminal Court at Dibrugarh and that in any case it would be more convenient if the trial is held at Dibrugarh.

(3.) Mr. Ghose for The complainants has taken a preliminary objection as to the powers of this Court to entertain an application under the provisions of Section 526, Criminal P.C., in view of the rules framed for the administration of justice and police in the Naga Hills district. We think the objection is sound and must prevail.