PICHA KUDUMBAN Vs. SERVAIKARA THEVAN

JUDGEMENT

(1.) This is a criminal revision petition filed by the complainant against the judgment of a Bench of Magistrates acquitting the accused.

(2.) There is no doubt that the offence complained of according to the allegations in the complaint is one coming within the purview of Section 430, I. P.C. The Bench Court has no jurisdiction to;try such a case. But this case seems to have been sent to the Bench Court for trial, treating it to be a case regarding an offence under Section 426, I. P.C. The question is whether the Bench Court should be deemed to have clutched at jurisdiction. It would be so, if they tried the case for an offence under Section 430, I. P.C. By trying the accused for a lesser offence under Section 426, I. P.C., (for which they had jurisdiction) their proceedings would not be void Emperor V/s. Ayyan [1901] 24 Mad. 675 and In re, Mohideen Bacha Sahib [1914] 14 Cr.L.J. 640.

(3.) Where the accused is not prejudiced there will be no interference in revision, though the case ended in conviction, and a fortiori there will be no interference in the case of an acquittal.