High Court Kerala High Court

Ali.M.K. vs Housing Development Finance … on 25 February, 2010

Kerala High Court
Ali.M.K. vs Housing Development Finance … on 25 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3040 of 2007()


1. ALI.M.K., MANNIL THODI HOUSE,
                      ...  Petitioner

                        Vs



1. HOUSING DEVELOPMENT FINANCE CORPORATION
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  :SRI.KKM.SHERIF

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :25/02/2010

 O R D E R
              R.BASANT & M.C.HARI RANI, JJ.
                     * * * * * * * * * * * * *
                      Crl.M.C.No.3040 of 2007
                    ----------------------------------------
             Dated this the 25th day of February 2010


                               O R D E R

Basant,J

This matter has come up before us on reference. The learned

counsel for the respondent herein, that is the complainant in the

prosecution under Section 138 of the Negotiable Instruments Act

submits that the complainant is willing to withdraw the complaint

and that the matter is pending unnecessarily before the court below

because of an order of stay passed in this Crl.M.C. The learned

counsel for the respondent submits that this Crl.M.C may now be

dismissed as unnecessary in the wake of the submission of the

respondent that the respondent wants to withdraw the complaint

filed under Section 138 of the Negotiable Instruments Act. The

submission of the learned counsel for the respondent is taken note

of and recorded.

2. This Crl.M.C is, in these circumstances, dismissed as

unnecessary.




                                                         (R.BASANT, JUDGE)



                                                (M.C.HARI RANI, JUDGE)
jsr  // True Copy//       PA to Judge

Crl.M.C.No.    2

Crl.M.C.No.    3

Crl.M.C.No.    4




                R.BASANT & M.C.HARI RANI, JJ.




                                 .No. of 200




                        ORDER/JUDGMENT




                                29/07/2009

Crl.M.C.No.                       5




The short grievance of the petitioner urged before me now

is that the court which has taken cognizance of the offence

punishable under Section 138 of the Negotiable Instruments Act

against the petitioner – that is the Judicial First Class Magistrate

Court, Adoor has no territorial jurisdiction to entertain the

complaint.

2. This Criminal Miscellaneous Case is admitted. Issue

notice to the respondent/complainant by speed post with

acknowledgment due. Simultaneously give notice personally to

the learned counsel for the first respondent/complainant who

appears before the court below and file a memo to that effect

within a period of fifteen days.

3. There shall be an interim stay, as prayed for, till

Crl.M.C.No. 6

19/10/2007. Call on 19/10/2007 along with

Crl.M.C.No.3009/07 and connected cases.

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007