JUDGMENT Rev. No. 1576 1. In this case, a Rule was granted to the Petitioners calling on the District Magistrate to show cause why the proceedings against them should not be quashed on the ground that on the face of the record no offence has been disclosed against them on which they could legally be brought to trial. The three Petitioners are the Managing Director, General Manager and Local Chief Agent at Chittagong, respectively of the Hindustan Assurance and Mutual Benefit Society, Limited, having its head office at Gujranwalla in the Punjab. In September 1909, one Srimaty Baroda Sundari Chowdhurani effected a policy on her life with the Company, her age being given at 50 years. Her 3rd son, Bishwambhar Chowdhury, communicated with the Company on her behalf and the nominee in the policy was his minor son, Hiran Kumar Chowdhury, who purports to be the complainant in this case. Two years premia were duly paid and on 9th October 1911 the death of the assur d was communicated to the Company as having taken place on the 1st October 1911. Two certificates were annexed purporting to be granted by the Punchayet and Doctor respectively in which her age was given as about 52 years. The Company in making enquiries had reason to believe that the lady was much older and that her age had been falsely stated in the application as 50. By the terms of the policy such a false averment would avoid it; they therefore declined to pay unless and until the age of the assured was properly proved. A long correspondence ensued and ultimately these proceedings were started in Chittagong against the three Petitioners under sec. 420, I. P. C. It is clear that the proceedings cannot be allowed to continue. The Company were perfectly justified in taking the course which they did, and the proper course was for the complainant through a next friend to institute a suit against the Company to enforce payment when the true facts could be elicited. If in such suit it should appear that the Petitioners or any of them have committed a criminal offence, they will doubtless be liable to prosecution on that account. The record at present discloses nothing of the kind. This Rule must therefore be made absolute and the proceedings against the Petitioners quashed. Rev. No. 124 2. If in such suit it should appear that the Petitioners or any of them have committed a criminal offence, they will doubtless be liable to prosecution on that account. The record at present discloses nothing of the kind. This Rule must therefore be made absolute and the proceedings against the Petitioners quashed. Rev. No. 124 2. The Company have charged Biswamber Chowdhury in the Court of the Magistrate of Gujranwalla with cheating in respect of the same policy. This is a Rule calling on the District Magistrate of Gujranwalla to show cause why the offence should not be inquired into or tried at Chittagong, where the Petitioner, Biswamber Chowdhury, resides. The section under which it is said that the Court can make such an order is sec. 185, Cr. P. C.-a section apparently very seldom employed. The offence charged in this case may be said to have been commuted either at Chittagong or at Gujranwalla or partly at one place and partly at the other. The Court at either place would have jurisdiction. It will be certainly more generally convenient that the offence should be enquired into or tried at Chittagong. We think that we may properly make an order under this section to that effect and we accordingly order that the case be transferred from the Court of the Magistrate of Gujranwalla to the Court of the District Magistrate, Chittagong, and that it be tried by such Magistrate at Chittagong as the District Magistrate may determine. Before, however, the case is proceeded with we think that the accused should be given an opportunity to have the matter decided by the Civil Court. We accordingly direct that after the transfer further proceedings be stayed for two months from the receipt of the record by the District Magistrate of Chittagong to enable a suit to be filed by the nominee under the policy, Hiran Kumar Chowdhury, by his father and next friend Biswamber Chowdhury against the Company to enforce payment of the money alleged to be due under the policy. If the suit be filed within those two months, these proceedings should be further stayed until its final determination.