This is a criminal revision case illustrating the very abuse pointed out by the High Court in their Circular Order, dated 10th January, 1931. It was pointed out by this Court: “Instances have come up to the High Court which disclose that a system of procedure not contemplated by the Code is developing in the Subordinate Criminal- Courts. In warrant cases the accused persons, before they are charged and put upon their defence anticipate their defence by petitions raising preliminary points upon which the Court passes judgment and these are then brought up on revision to the High Court pending which the trial of the case is adjourned. The High Court desires to impress upon the lower Courts that this procedure is unwarranted and makes for delay and extra work. An accused person has no right to raise a preliminary point before he is charged. He must wait to defend himself till he is charged and if he is convicted, his first remedy is in most cases by way of appeal.”

The facts of this case are as follows: In Tiruchirapalli, there was a firm run under the style and name of the Tiruchirapalli Merchants Chit and Investment Co. Ltd. It seems to have been established in 1946. The Memor