H.RAMNIK LAL Vs. HARDAYAL SINGH CHAUHAN

JUDGEMENT

(1.) This petition under section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India seeks to quash the proceedings in Criminal Complaint No. C.C. 354 -1/83, pending in the Court of Sub -Divisional Judicial Magistrate, Theog.

(2.) The facts, in brief, are that the respondent instituted a private complaint under section 420 read with section 409 of the Indian Penal Code alleging that the petitioners, who are Commission Agents for fruits, were sent 491 boxes of apple to be sold at Coimbatore and after selling the same and deducting the commission, the petitioners were to send the remaining amount of Rs. 7620 -70. Despite assurance, the same was not sent with the result that the petitioners have committed the aforesaid offences by utilising the money of the complainant. The petitioners were summoned by the Court and now they challenge the proceedings initiated in the Court of Judicial Magistrate, Theog.

(3.) Shri B. K. Malhotra, who appears for the petitioners, submits that the court of Judicial Magistrate at Theog in Himachal Pradesh has no jurisdiction to entertain and decide the complaint. Jurisdiction to decide the matter squarely lies with the courts at Coimbatore. In order to support this submission, it is contended that the goods were sent to Coimbaore, sold there and the price was realised at that place. In view of these submissions, the learned Counsel urges that the learned Judicial Magistrate issued process and started proceedings without application of mind.