Mr.Babu Jayaraj vs Mr.C.Babu on 26 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4102 of 2006()


1. MR.BABU JAYARAJ,
                      ...  Petitioner

                        Vs



1. MR.C.BABU, AGED 48 YEARS,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.ALIAS M.CHERIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.GIRI

 Dated :26/08/2008

 O R D E R
                              V. GIRI, J.
                     -------------------------------
                     CRMC.NO. 4102 of 2006
                    ---------------------------------
            Dated this the 26th       day of August, 2008

                                ORDER

The accused in ST.No.133/2006 on the files of the Judicial

First Class Magistrate Court-I, Kozhikode is the petitioner in this

Crl.M.C. Annexure-5 is the complaint filed by the respondent

herein alleging that the petitioner has committed an offence

under section 138 of the Negotiable Instruments Act. The main

contention raised in this Crl.M.C. is to the effect that the court at

Kozhikode lacks territorial jurisdiction to try the complaint. It is

contended that the complainant is a proprietary concern, and the

registered office is at Kollam. The respondent’s business is at

Kollam. A cheque in question was issued towards discharge of a

liability incurred, by way of advertisement charges relating to one

Sree Krishna Homeo House, which is also situated in Kollam.

The cheque was presented for collection in the Punjab and Sind

Bank at Kollam. The only justification given for presenting the

complaint before the court at Kozhikode is that the notice

demanding payment was dispatched from the Head Post Office,

CRMC.4102 /2006 2

Kozhikode and this was done on the premise that the

complainant had a branch at Kozhikode. It is appropriate that

the complaint is tried at Kollam, wherein the court admittedly

had jurisdiction. Accordingly, the Crl.M.C. is allowed. The JFCM

Court -I Kozhikode shall transfer the proceedings in

ST.No.133/2006 to the court of Judicial First Class Magistrate at

Kollam on the petitioner herein producing a copy of the order

before the learned Magistrate. The parties shall appear before

the JFCM Court at Kollam on 24.11.2008. It is made clear that

the accused will be entitled to take up all other contentions which

have been raised in the Cr.M.C. as regards the payment of the

amount stated to be due and consequential discharge of liability

as such. I have not gone into those aspects in this case because

it is unnecessary to do so.

V. GIRI, JUDGE.

pmn/

CRMC.4102 /2006    3