TMI Blog1947 (2) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... was that he received gold ornaments from different persons by way of pledge and after doing so, sub-pledged them for higher amounts to other banks. According to the prosecution, these amounted to acts of criminal breach of trust as in sub-pledging the jewels, and that for higher amounts, the petitioner must be deemed to have acted with dishonest intention. This view prevailed in both the Courts below. At the appellate stage, an objection was raised to the convictions on the ground that since the sub-pledging had been done by the petitioner with the Savings and Investments Corporation, Limited, at Trichur, which is situated in the State of Cochin, the British Indian Courts had no jurisdiction to try the accused. This objection is based upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the articles which are the subject of the offence were received by the appellant either at Orumanayur or at Chowghat and that consequently the trial Court had jurisdiction. He was of the opinion that in view of the express provision contained in Section 181(2), Section 188 had no application and he pointed out that a contrary view would lead to the result that Courts in British India would be absolutely powerless if the offender disposes of property taken from British India in an adjoining Native State. On a consideration of the judicial precedents as they stood before the amendment introduced in the proviso to Section 188 of the Code and the scope of the amendment which was enacted expressly for the purpose of overcoming the effect of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur opinion it is safer, when a man is tried in British India in respect of an offence committed in a Native State, to require the Political Agent's Certificate in every case. The amendment which we propose will make this clear. 3. After this amendment was effected, we have had a series of decisions of this Court which have held that Section 188 as amended is not governed or controlled by the preceding Sections 179 to 187 but in turn itself governs and controls the same. I shall refer to two cases. Sreeramamurthy, In re (1934) 68 M.L.J. 211 is a decision by a single Judge, Pandrang Row, J. There the accused was charged under Section 290 of the Indian Penal Code for having committed a public nuisance by arranging a marriage procession ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diction under Section 188, Criminal Procedure Code, as amended in 1923, to try an offence committed wholly or partly in a Native State, without the certificate of the political agent. The fact that part of the consequences have ensued within its jurisdiction is of no avail. That was a case of commitment and it was held that a commitment made without such certificate was illegal and must be quashed. The consideration urged by the learned Sessions Judge as to the possible result of taking such a view of the law in the matter of encouraging people who have committed such offences to dispose of their property in an adjoining Native State is without much force as in a case of this kind presumably there would be little difficulty in obtaining a c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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