FATEH SINGH Vs. EMPEROR THROUGH BISHAMBER SAHAI

JUDGEMENT

(1.) This is an application in revision by one Fateh Singh challenging the jurisdiction of the Criminal Courts at Meerut to try a case in which he is charged with an offence under Section 409, Indian Penal Code. The case has been instituted against the applicant and four others upon a complaint made by one Bishamber Sahai in his capacity as the sales manager of a sugar mill styled Ram Luxman Sugar Mill situated in Mohiuddinpur within the district of Meerut. The applicant and his co-accused are alleged to be the proprietors in partnership of a firm styled Jani Singh Dwarka Das which carried on the business of commission agents at Amritsar. As the decision of the question of jurisdiction raised by the applicant turns to a very considerable extent upon the allegations contained in the complaint it is necessary to set them out in extenso. The relevant paragraphs of the complaint are as follows: 1. That the accused as partners of the Firm Jani Singh Dwarka Das were known from before to the proprietors of Ram Luxman Sugar Mills. As such in December 1935, accused 1 and 5 came to Mohiuddinpur as partners and representatives of the firm and the firm was appointed as agents for the sale of "Ram Luxman" brand sugar throughout U.P. and Punjab and Sind.

(2.) That the conditions of agency were that the accused would collect all the money due to the complainant's mills and render accounts thereof as and when collected at Mohiuddinpur where the mills and its offices are situate.

(3.) That in pursuance of the said terms the accused did render full and final accounts at Mohiuddinpur for the cane season of 1935-36.