IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.MC.No. 2174 of 2008() ------------------------- CMP.1530/2008 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER: ------------- MANUELSONS FINANCIAL ENTERPRISES (P) LTD., BRANCH OFFCE AT COLLEGE ROAD, NEAR HEAD POST OFFICE, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR, P.M.MANUEL BY POWER OF ATTORNEY HOLDER B.L. LAURENCE, S/O. B.V. LONAPPAN, AGED 38 YEARS, BRAHMAKULAM HOUSE, KURIACHIRA, PONGANAMKADU, THIRSSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENTS: ---------------- 1. TONY P. THEKKINIYATH, GREEN FIELD, PLOT NO.184, MANUAL SONS HOUSING COMPLEX, AYYANTHOLE, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECTUOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR, SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2174 OF 2008 ----------------------------------------------- Dated this the 9th day of June, 2008 O R D E R The petitioner is the complainant in a complaint filed under Section 138 of the Negotiable Instruments Act. He presented the complaint before the CJM, Palakkad with the following specific assertions in paragraph 6. “6. The cause of action for the complaint arose on 20.02.2008 when the accused issued the cheque, on 10.3.2008 when the cheque was dishonoured, on 12.3.2008 when the dishonour was intimated to the complainant, on 9.4.2008 when the notice regarding the dishonour was sent to the accused and on 12.4.2008 when the notice has been received by the accused and thereafter 15 days grace period as per statute, at College Road Palakkad, where the accused issued the cheque to the complainant, which is within the jurisdiction of Town South Police Station, which is within the jurisdiction of this Honourable Court. (emphasis supplied) 2. The learned counsel for the petitioner submits that, as per the averments, the cheque was handed over within the jurisdiction of CJM, Palakkad. The counsel wants further to rely on the Crl.M.C. No. 2174 OF 2008 2 undisputed fact brought out by documents produced that the cheque was presented for encashment at the Palakkad branch of South Indian Bank where, according to the petitioner, the cheque was handed over for collection. The learned counsel for the petitioner contends that the learned CJM, by order dated 27.5.08, has not considered these aspects at all. 3. I am certainly of opinion that the learned CJM has to consider the specific assertions in the complaint that the cheque was handed over to the complainant at Palakkad within the jurisdiction of the learned CJM and it has to be decided whether the Court has jurisdiction to entertain the complaint. 4. This Crl.M.C is, in these circumstances, allowed. The impugned order returning the complaint is set aside. The petitioner is permitted to represent the complaint before the learned CJM within a period of 15 days from this date. The learned Magistrate shall permit the petitioner to advance all contentions in support of his stand that the court has jurisdiction. Appropriate orders shall thereafter be passed by the learned CJM. 5. Hand over copy of this order along with the original of the Crl.M.C. No. 2174 OF 2008 3 complaint which is produced before this Court as Annexure A to the learned counsel for the petitioner on 10.06.2008. R. BASANT, JUDGE ttb Crl.M.C. No. 2174 OF 2008 4 Crl.M.C. No. 2174 OF 2008 5