IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1493 of 2010()
1. RAJENDRAN,S/O.LATE P.K.VASUDEVAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. M.J.MATHEW,MUNDANAKUZHIYIL,BOB VILLA,
For Petitioner :SRI.S.RAJEEV
For Respondent :SRI.JACOB P.ALEX
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/07/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.Nos. 1493, 1507, 1529
and 1530 of 2010
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Dated this the 13th day of July, 2010
ORDER
The common petitioner in these petitions filed under
Section 482 Cr.P.C is the common accused in S.T.
Numbers 375, 423, 514 and 680 of 2006 on the file of
J.F.C.M Court, Thiruvalla. All the above cases are
prosecutions under Section 138 of the Negotiable
Instrument Act, 1881, involving cheques for Rs.5,00,000/-
(Rupees Five Lakh only) each totaling to Rs.20,00,000/-
(Rupees Twenty Lakh only). The orders impugned in
these petitions are the orders passed by the trial court as
well as the Sessions Court in revision holding that the
Court having territorial jurisdiction is the J.F.C.M Court,
Thiruvalla itself.
2. Pending this Criminal M.C, the common
petitioner has filed affidavits in all the cases undertaking
to settle the matter within six months from 7.7.2010 by
making payment of the cheque amounts within six
Crl.M.C.Nos. 1493, 1507, 1529
and 1530 of 2010
: 2 :
months. The said undertaking made in the affidavits is
recorded. Accordingly, proceedings before the J.F.C.M
Court, Thiruvalla will stand suspended for a period of six
months from today to enable the petitioner to honour the
undertaking given before this Court. In case the cheque
amounts involved in these cases are paid to the common
2nd respondent complainant within six months as
undertaken, the learned counsel for the 2nd respondent
agrees to withdraw the complaint in the above cases. If
the petitioner resiles from the undertaking by failing to
pay the cheque amounts to the complainant, then the
complainant shall be entitled to continue the proceedings
before the trial court without any demur. These Criminal
M.Cs are disposed of accordingly.
V.RAMKUMAR, JUDGE
dmb