Law: Criminal Procedure Code (V of 1898)

Section:

--- S. 181 (2)-Criminal breach of trust-Jurisdiction-Court at place where goods are to be delivered has jurisdiction to try case-Mere duty to render account at some place does not by itself give jurisdiction to court at such place-Penal Code (XLV of 1860), S. 405.   Where there was not only the liability to give account at place, N, but also the duty to deliver goods, but the accused, after purchasing goods on behalf of the complainant, diverted and retained them at M, instead of delivering at N :   Held, that the N Court had jurisdiction to try the offence.   If there was only a liability to account at N and no duty to deliver any goods then "perhaps", there was ground for quashing proceedings pending at N.   Where it is alleged that the accused has failed to account for the property then the second part of section 405, P. P. C , will apply and jurisdiction exists at the place where the property should have been delivered by the accused. Where, however, there is only a liability to account at a certain place and no duty to deliver any property at that place, the Criminal Court at the place where the accounting is to be done has no jurisdiction to try the offence.   Mohru Lal v. Emperor 37 Cr. L J 384 and Gunanada Dhone v. Lala Santi Prokash Nanley 29 C W N 432 rel.   Daityari v. Bubodh Chandra Choudhury 44 C L J 132 and Fateh Singh v. Emperor 41 C L J 325 distinguished. JUDGMENT   This Rule is directed against the order of Mr. Abdul Quasim, Additional Sessions Judge, 1st Court, Dacca, dated 1-6-59, rejecting the petition of the petitioners against the order of Mr. Ahamadullah, Magistrate, 1st Class (acting as S. D. O., Narayanganj,) dated 18-6-58, directing issue of warrant of arrest against the petitioners under section 409, P. P. C., and attaching the jute in Fibre Traders.   The petition disclosed that the complainant Rakhal Chandra Saha filed a petition ofcomplaint on behalf of Messrs Sonakanda Baling Company Ltd., Narayanganj against the petitioners and one Bijoy Lal Roy, an employee and cashier of the complainant, on 18-6-58, alleging that petitioner No. 1 Sarbeswar Kundu was the commission agent and…