Pandalai, J.

1. This is a petition to revise the conviction of the petitioner for defamation of the complainant recorded by the Sub-Divisional Magistrate Of Vizagapatam in C.C. 33 of 1928 and upheld by the learned Sessions Judge of Vizagapatam on 16th November 1928.

2. Objection is taken to the legality of the conviction on the ground that the proceedings before the Sub-Divisional Magistrate were vitiated by one of two alternative grounds: (a) that there was no complaint before the Magistrate on which he could take cognizance of the case and that the Magistrate, though informed of this defect at the very outset and objection was taken to his proceeding further with the case, brushed aside and took cognizance of the case i.e. issued process against the accused; (b) if the proceedings before the Sub-Divisional Magistrate be regarded as a continuation of those which were started by a previous complaint instituted by the complainant, the said complaint had been transferred by the Sub-Divisional Magistrate himself to the Sheristadar First Class Magistrate of Vizagapatam and was pending before him and had not been withdrawn from that file to the file of the Sub-Divisional Magistrate.