The short point that arises for consideration is whether a question of jurisdiction raised by the accused before the commencement of the trial can be postponed for decision after the examination of the complainant and witnesses. The accused in C.C. No. 74 of 1980 on the file of the Addl. Judicial Magistrate of the 1st Class (II). Ernakulam is the petitioner. The respondent appointed the petitioner as their agent at Cochin to attend to their ships which called at the Port of Cochin. On the allegations that the petitioner misappropriated collections made on behalf of the respondent the above complaint was filed. The offences alleged against the petitioner are those under Sections 403, 409, 420 and 477-A, I.P.C. When the case came up for trial, the petitioner contended that the court has no territorial jurisdiction to try the case. As directed by the court the petitioner filed M.P. No. 456 of 1981 raising the question of jurisdiction and requesting the court to decide the question of jurisdiction before the commencement of the trial. The learned Magistrate disposed of that petition by the following order :

"To be considered after the examination of the complainant and witn