IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Crl.MC.No. 1342 of 2006() ------------------------- CC.2567/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S): ACCUSED 1 - 4: ------------------------------------------------ 1. BABY ABRAHAM, SENIOR MANAGER, GENERAL ADVANCES DEPARTMENT, FEDERAL BANK LIMITED., HEAD OFFICE, ALUVA. 2. C.V.JOHN, DGM, FEDERAL BANK LTD., RO, BHATTAD TOWER, 1ST FLOOR, 30 WEST COTT ROAD, ROYAH PETTAH, CHENNAI - 600 014. 3. TOM THOMAS THEKKEL, PRESENT SENIOR MANAGER, FEDERAL BANK LTD., BANDRA (WEST) BRANCH, MUMBAI - 400 050. 4. C.SREEKUMAR, DGM, FEDERAL BANK LTD., REGIONAL OFFICE, LAKSHMI TOWERS, BANDRA-KURLA COMLEX, BANDRA (W), MUMBAI - 400 051. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): COMPLAINANT AND STATE: --------------------------------------------------------------------- 1. K.N.UNNIKRISHNAN, S/O.NARAYANA PILLAI, AGED 39 YEARS, R/O. KALIKURUMBANTHARAYIL HOUSE, PADIVATTOM, EDAPPALLY, COCHIN - 682 024 FOR HIMSELF AND HIS MOTHER, RADHAMANI AMMA AS HER POWER OF ATTORNEY HOLDER. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. R1 BY ADVS.SRI.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU. R2 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1342/2006 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE COMPLAINT IN CC NO.2567/2006 DTD. 15/03/2006 FILED BY THE FIRST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ERNAKULAM. ANNEX.B: COPY OF THE LAWYER NOTICE DTD. 22/03/2006 ISSUED AT THE INSTANCE OF THE FIRST RESPONDENT TO THE PETITIONERS. ANNEX.C: COPY OF THE FIXED DEPOSIT RECEIPT NO.175880 SURRENDERED BY THE FIRST RESPONDENT BEFORE THE FEDERAL BANK LTD., BANDRA WEST BRANCH, MUMBAI. ANNEX.D: COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE MANAGER, FEDERAL BANK LTD., BANDRA WEST BRANCH, MUMBAI. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1342 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September, 2011 ORDER Heard learned counsel for the petitioners, learned counsel for the defacto complainant and the learned Public Prosecutor. 2. Petitioners are accused Nos.1 to 4 in C.C.No.2567 of 2006 on the file of the Judicial First Class Magistrate I, Ernakulam for offences punishable under Sections 409, 465, 467 and 506 read with Section 34 of the Indian Penal Code. 3. Learned counsel for the petitioners submits that the entire cause of action has taken place at Bandhra (West), Mumbai and the Judicial First Class Magistrate I, Ernakulam has no jurisdiction to entertain Annexure A complaint. Therefore, petitioners pray for a direction to quash Annexure A complaint and all further proceedings pursuant to that. 4. Having heard learned counsel for the parties and having perused the materials available on record, I am of the considered view that the Judicial First Class Magistrate I, Ernakulam has no jurisdiction to entertain Annexure A complaint in C.C.2567 of 2006 and therefore the same is liable to be quashed. I do so. Crl.M.C.No.1342/2006 :: 2 :: Hence, I direct that Annexure A complaint in C.C.2567 of 2006 be returned to the appropriate court. It is open to the petitioners to take aid of Section 470 Cr.P.C by filing an application for condonation of delay. I am not expressing any opinion on the merits of the case. This Crl.M.C. is disposed of as above. sd/- B.P.RAY, JUDGE rv