JUDGMENT

Kanhaiya Lal, J. - This is an application u/s 185 of the Code of Criminal Procedure for the determination of the question of the competency of the Magistrate at Basti to try a complaint against an accused under Sections 406 and 420 of the Indian Penal Code. The allegation of the complainant is that the accused sent notices to different persons, including the complainant, offering to act as a Commissi on Agent at Bombay for such persons as may choose to entrust their business to him, and that in pursuance of that notice the complainant appointed the accused as a Commission Agent and advanced to him Rs. 10,000 on the understanding that the accused was to purchase and sell goods at Bombay on his behalf. The complaint was, that the accused had no bona fide intention to carry on the business of a Commission Agent at Bombay, and that he dishonestly obtained money from the complainant under the pretext that he would carry on such business and wrongfully appropriated what was paid to him from time to time, including any profits derived from, the purchase and sale of the goods on behalf of the complainant. The entire negotiation between the parties is said to have been carried on by