BRIJ LAL Vs. EMPEROR

JUDGEMENT

(1.) This is an application in criminal revision by a complainant Brijlal of Cawnpore against an order of the Additional Sessions Judge of Cawnpore confirming the order of the Joint Magistrate of Cawnpore dismissing the complaint of Brijlal on the ground of want of jurisdiction in the Cawnpore Courts. The complaint of Brijlal was made under Section 409, I.P.C. against are accused Hanuman Bakhsh. The complaint sets forth that Hanuman Bakhsh, who is the owner of a firm of Bhairon Bakhsh Mangi Lal, resides in Faridpur District in Bengal, and that the agent of the Cawnpore complainant one Hoti Lal, appointed the accused as commission agent or arahtia for the sale of oil in the District of Faridpur and that a consignment of oil was sent to the accused and that the accused had only accounted for part of the price. The Magistrate summoned the accused and the accused raised the plea that the Cawnpore criminal Courts had no jurisdiction as the offence-alleged would be an offence triable only by the Courts of Faridpur. The Magistrate set forth certain facts, but he was, not accurate in the facts which he set forth. He states in his judgment: Further the connexion between the accused and the firm at Cawnpore is not direct.

(2.) Now two letters (one a copy and the other in original) have been produced by the complainant in this Court; one from the complainant to the accused was sent by post on a date corresponding to 21 June 1930. A copy of this letter states: No letter from you. Reply by return post. Our agent (gumashta) has appointed you our commission agent (arahatia). We are sending vou therefore enclosed with this letter, Railway Receipt No. 001018 for one tank of Sarson oil which please receive and acknowledge. The mustard oil sent is of a fine quality. You should sell it at Rs. 22-8-0 or at the lowest at Rs. 22-4-0. Make best efforts in the work. Remit us Rs. 7,000 on account of the railway receipt.

(3.) To this the accused is alleged to have sent a letter in reply which is produced in original: Received your registered letter yesterday with the railway receipt for a tank of oil. We shall write on receipt of the goods. The wagon, i.e., the tank has not arrived yet which please note ...We shall send the money on receipt of the consignment.