IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Crl.MC.No. 5035 of 2010() ------------------------- CC.674/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE(E&O) COURT, ERNAKULAM .................... PETITIONER/PETITIONER/ACCUSED ----------------------------- ATHIKULLA SHARIFF ATHEEQ, S/O. A.R. RAZHAK SHARIFF, NO.7, FIRST FLOOR, 1ST CROSS, LAXMI LAYOUT, AREKERE CROSS, BANEERGHATTA, BANGALORE. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT/RESPONDENT/COMPLAINANT & STATE ----------------------------------------- 1. M/S. SHAAN FINANCE LTD., REG. OFFICE AT FLAT NO. 611, BARTON CENTRE, NO.84, M.G.ROAD, BANGALORE, REP. BY ITS POWER OF ATTORNEY HOLDER, K.B.EDISON, S/O. BASTIAN, 1/691, KAITHAVALAPPIL, POND VILLAGE, FORT KOCHI 682 002. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.G.RAJAGOPAL R2 BY PUBLIC PROSECUTOR SRI.P.M.SANEER THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ Crl.MC.No. 5035 of 2010() APPENDIX PETITIONER'S ANNEXURES: ANNX. 1: COPY OF THE COMPLAINT IN C.C. NO:674/08 ANNX. 2: COPY OF CRL.M.P.NO:3096/10 ANNX. 3: COPY OF OBJECTION FILED BY THE FIRST RESPONDENT ANNX. 4: COPY OF THE ORDER DATED 26.10.2010 PASSED BY THE ADDL.CHIEF JUDICIAL MAGISTRATE COURT (E&O), ERNAKULAM IN CRL.M.P.NO:3096/10 IN C.C.NO:674/2008 RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.5035 of 2010 ---------------------------------------------------- Dated this the 13th day of October, 2011 Order The petitioner is the accused in C.C.No.674 of 2008 on the file of the Addl.C.J.M.(E & O) Court, Ernakulam. The case was filed against him alleging offence under Section 138 of the N.I.Act. It was taken cognizance by the learned Magistrate and the process was issued by the Magistrate. The learned counsel submits that no cause of action for filing the complaint under Section 138 of the N.I.Act did arise within the jurisdiction of the Addl.C.J.M. (E & O) Court, Ernakulam. According to the learned counsel, the entire transaction took place at Bangalore. Mere presentation of a cheque in a Bank at Ernakulam and sending of notice by a Lawyer at Ernakulam will not confer jurisdiction on the court at Ernakulam. In a case between the same parties, on an identical issue, another Bench of this court had already held in Crl.M.C.No.449 of 2010 that Addl.C.J.M. (E & O) Court, Ernakulam has no jurisdiction to try the case. In the light of the order passed therein, I hold that this Crl.M.C. is also to be Crl.M.C.5035/10 2 allowed. The cognizance taken based on Annexure I complaint(CC No.674/08) is quashed. The Addl.C.J.M.(E & O) Court, Ernakulam is directed to return the complaint for presentation of the same before the proper court in accordance with law. The Crl.M.C. is allowed as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.5035/10 3