ORDER

R. Basant, J.—What does the expression ‘trial’ mean and signify when that expression was employed by the Division Bench in paragraph 19 of Thressiamma v. State of Kerala1 where their Lordships held that a dispute regarding territorial jurisdiction of a Magistrate before whom he is prosecuted should be raised by the accused at the earliest at least before starting ‘trial’?

2. This is the point that arises for consideration in this Revision Petition which has been referred to the Division Bench as per order dated 7.12.2010 of a learned Judge (Justice V. Ramkumar) who felt that the decision if literally construed would lead to difficulties. His Lordship the Chief Justice has directed that the matter replaced before us, conscious of the fact that both Judges who rendered the decision are available. We are hence proceeding to consider the matter notwithstanding the fact that we feel that ideally the question could have been considered by the Bench which rendered the decision in Thressiamma (supra).

3. A brief reference to facts may be relevant. The revision petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act. Complaint against him was fil