SWAMINATHA CHETTIAR Vs. ANNAMALAI CHETTIAR

JUDGEMENT

(1.) The facts were as follows:On the 18 January 1908, the 1 accused, a Nattu Kotai Chetty, was arrested at Arunthangi by the Sub-Magistrate of that place on receipt of a wire from the complainant, another Nattu Kottai Chetti, charging him with committing breach of trust in respect of a lakh of Rupees. The fact of the arrest was duly communicated to the complainant by the Sub-Magistrate by telegram and the following day the complainant turned up and gave a deposition promising to file a complaint on the following Monday after examining his accounts in Madura.

(2.) On the 22 June, 1908, the promised complaint was duly filed charging the 1 accused and his father with offences under Secs.477A and 409, I.P.C., committed at Rangoon. It is unnecessary for us to detail further irregularities perpetrated by the Magistracy at subsequent stages as they are irrelevant to the question before us and will no doubt be taken due notice of by the District Magistrate of Tanjoro.

(3.) Suffice it to say that the complaint was ultimately forwarded to the Devacota First Class Sub-Divisional Magistrate, whose order of the 7 July 1908 we are now asked to revise.