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1939 Supreme(All) 51

MULLA
Fateh Singh – Appellant
Versus
Emperor through Bishamber Sahai – Respondent


ORDER

Mulla, J. - This is an application in revision by one Fateh Singh challenging the jurisdiction of the Criminal Courts at Meerut to try a case in which he is charged with an offence u/s 409, Penal Code. The case has been instituted against the applicant and four others upon a complaint made by one Bishamber Sahai in his capacity as the sales manager of a sugar mill styled Ram Luxman Sugar Mill situated in Mohiuddinpur within the district of Meerut. The applicant and his co-accused are alleged to be the proprietors in partnership of a firm styled Jani Singh Dwarka Das which carried on the business of commission agents at Amritsar. As the decision of the question of jurisdiction raised by the applicant turns to a very considerable extent upon the allegations contained in the complaint it is necessary to set them out in extenso. The relevant paragraphs of the complaint are as follows:

1. That the accused as partners of the Firm Jani Singh Dwarka Das were known from before to the proprietors of Ram Luxman Sugar Mills. As such in December 1935, accused 1 and 5 came to Mohiuddinpur as partners and representatives of the firm and the firm was appointed as agents for the sale of "Ram Lu

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