( 1 ) THESE two Rules arise out of certain proceedings (Case No. c 649/446 of 1950 of the Court of the First Class Magistrate, Barrackpore) started on a complaint to the effect, inter alia, that by false and fraudulent representations the five accused persons had induced the complainant to advance a sum of Rs. 11000 to accused l on a mortgage of certain land, situate at Baranagore within the District of 24-Parganas.

( 2 ) THE complaint was filed before the Sub-Divisional Officer of Barrackpore on 9th May 1950, and on that very date the accused were summoned under Section 420, Penal Code. After several dates the trial actually commenced on 13th September 1950 and between that date and 12th January 1951 six prosecution witnesses were examined and cross-examined before charge. Thereafter, arguments were heard on two dates and, eventually, the case was adjourned to 1st February 1951 for the framing of charge. On that day the learned trying Magistrate expressed the view that, on the evidence, the offence if any, had been committed outside the local limits of his jurisdiction and as such he had no jurisdiction to try the case. Thereupon, the complainant's