V.H.Hamsa vs State Of Kerala on 9 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1829 of 2009()


1. V.H.HAMSA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SHIJU VARGHESE,

                For Petitioner  :SRI.A.K.CHINNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :09/10/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.

              ------------------------------------------
               CRL.M.C.NO.1829 OF 2009
              ------------------------------------------

                Dated      9th October 2009


                           O R D E R

Petitioner is the accused and second

respondent the complainant in S.T.91/2008 on the file

of Judicial First Class Magistrate-I, Muvattupuzha

taken cognizance by the learned Magistrate, for the

offence under Section 138 of Negotiable Instruments

Act. This petition is filed under Section 482 of Code

of Criminal Procedure to quash the complaint

contending that on the allegation raised in the

complaint learned Magistrate at Muvattupuzha has no

jurisdiction at all and if at all it can only be tried

by Judicial First Class Magistrate at Chavakkad.

2. Learned counsel appearing for the

second respondent submitted that in the light of the

objection raised by the petitioner, second respondent

has no objection for transferring the case to

Judicial First Class Magistrate, Chavakkad.

3. Based on the submission made by the

learned counsel appearing for the petitioner and

CRMC 1829/09 2

second respondent S.T.91/2008 is transferred to the

file of Judicial First Class Magistrate, Chavakkad from

Judicial First Class Magistrate-I, Muvattupuzha for

trial. Judicial First Class Magistrate, Muvattupuzha is

directed to send the entire records in S.T.91/2008 to

Judicial First Class Magistrate, Chavakkad for

disposal in accordance with law. Petitioner and second

respondent are entitled to raise all the contentions

there.

Petition is disposed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.