Roy, J.

[1] This is a reference by the Sessions Judge of Bijnor recommending that the trial court's order assuming jurisdiction to try the case, be set aside.

[2] The complainant Devendra Kumar is a partner in a cloth firm of Najibabad in the district of Bijnor, styled as Yogendra Kumar Devendra Kumar, while the firm of the accused works as commission agents in cloth business at Delhi. The complainant's case was that it had been agreed upon between the two firms that the accused firm was to purchase 60 bales of cloth from the Delhi Cloth Mills at Delhi as agents of the complainant & deliver the same to the complainant's firm at Najibabad; that the accused was to render accounts to the complainant's firm at Naji-babad, that in consequence of the agreement the accused had first received the sum of Rs. 6,000/-by means of a draft at Delhi, whereafter 63 bales; had been dispatched by them from Delhi to the complainant at Najibabad under a railway receipt "to self" through the Bharat Bank, Bijnor, which Bank was directed by the accused to pass the railway receipt to the complainant on receiving payment of a sum of Rs. 72,000/-; that out of the total receipts of Rs. 78,000 /- which