TMI Blog1972 (7) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... g postal orders. Some of these pamphlets were received by the two residents of Malaya by name Oath-man and Abdul Bin Haji Ran. Acting upon these representations, these two persons purchased postal orders of 140 Malayan dollars each and sent them to the petitioner. These postal orders were actually received by the petitioner and were encased by him. No presents were, however, sent to these two persons and it was discovered that the whole scheme was a hoax and the petitioner had never intended to send any presents to these persons. A charge was framed against the petitioner on 4-2-1964 under Section 420, Indian Penal Code. During the course of the trial, the petitioner filed an application in the Court on 3-11-1966 challenging the jurisdic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on under Section 188, Criminal Procedure Code and such an application could be filed at any time notwithstanding the fact that a charge had been framed against the petitioner against which he had not filed any revision petition. The revision petition filed by the petitioner in the Court of Session against the order of the learned Magistrate dismissing his application filed under Section 188, Criminal Procedure Code has been filed within time. The preliminary objection raised by the learned Counsel for the State is, Therefore, overruled. 3. The offence of cheating for which the petitioner is being tried is defined in Section 415, Indian Penal Code in the following terms:' Whoever, by deceiving any person fraudulently or dishonestly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aken place notwithstanding the fact that the pamphlets were printed by the petitioner in India and also because the complainants delivered the property, namely, 140 Malayan dollars, each to the post office at Malaya and it was immaterial that the petitioner ultimately received these postal orders and encased them in India. According to the prosecution, both the deceiving as well as the delivery of property took place in India, because it was from India that the petitioner had sent the pamphlets and it was in India also that he had received the postal orders from the complainants and had encased them. 5. In support of his contention that the act of deceiving took place only in Malaya, the petitioner seeks to rely upon the decision of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, the Bombay Court had jurisdiction. This decision would: help the petitioner, because the Supreme Court held that although Mobarik Ali Ahmed' was not present in Bombay at any time and although Mobarik Ali Ahmed had written' letters to the Goa Businessman from Karachi or had talked to him on the telephone from Karachi or had sent telegrams. to him from Karachi, the misrepresentation by Mobarik Ali Ahmed to the Goa businessman was not made at Karachi but was made at Bombay, because it was only when these letters .and telegrams reached the Goa businessman at Bombay and Mobarik Ali Ahmed could contact the Goa businessman at Bombay that the misrepresentation is said to have taken place. In the present case, although the petitioner h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 188, Criminal Procedure Code which was inserted by the amendment of the Criminal Procedure Code in 1923 in the light of the following report of the Select Committee which proposed the amendment: Certain decisions of the Madras High Court seem to make it doubtful whether Section 188 is subject to the provisions of Sections 179 to 184 and we think it is desirable to clear this up. We are not satisfied that this was the intention of Section 188, and in our 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. After referring to the above abstract from the report o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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