KARIMULLAH Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) The only point urged in this application is whether the Court below had jurisdiction to hear the appeal.

(2.) It appears that the opposite party Rameshwar Prasad brought a suit on a bond for recovery of certain amount of money against Karimullah and others. Karimullah is the applicant in this Court. It was found that Karimullah had paid up a good deal of the amount claimed and the claim of Rameshwar Prasad was excessive. At the instance of Karimullah, the Munsif directed the prosecution of Rameshwar under Section 476, Criminal P.C. It being held by him that Rameshwar, was prima facie, guilty of the offences under Secs.209 and 210, I.P.C., Rameshwar filed an appeal to the District Judge and the District Judge transferred the appeal to a Subordinate Judge. The Subordinate Judge heard the case and held that the Munsif's order directing the prosecution was not justified. He ordered the revocation of the complaint.

(3.) Mr. Khwaja has argued that the District Judge had no jurisdiction to transfer the case to the Subordinate Judge and he has cited two Calcutta cases