IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Crl.MC.No. 4102 of 2006(C) -------------------------------------- S.T. NO. 133/2006 OF JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE. .................... PETITIONER: ------------------- MR.BABU JAYARAJ, AGED 46 YEARS, SON OF K.BHASKARAN NAIR, PRASANTH VILLA, CANTONMENT NORTH WARD/NAGAR, KOLLAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN. RESPONDENTS: ----------------------- 1. MR.C.BABU, AGED 48 YEARS, SON OF CHELLAPPAN, PROPRIETOR, M/S.MAINADS, P.B.NO.627, N0.19/1966-B4, IST FLOOR, WAHA SHOPPING COMPLEX, P.V.SWAMY CROSS ROAD, CHALAPPURAM, CALICUT-02. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. PUZHAKKARA MOHAMMED FOR R2, ADV. SRI.K.M.JAMALUDHEEN FOR R1, ADV. SMT.LATHA PRABHAKARAN FOR R1. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/08/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. GIRI, J. ------------------------------- CRMC.NO. 4102 of 2006 --------------------------------- Dated this the 26th day of August, 2008 ORDER The accused in ST.No.133/2006 on the files of the Judicial First Class Magistrate Court-I, Kozhikode is the petitioner in this Crl.M.C. Annexure-5 is the complaint filed by the respondent herein alleging that the petitioner has committed an offence under section 138 of the Negotiable Instruments Act. The main contention raised in this Crl.M.C. is to the effect that the court at Kozhikode lacks territorial jurisdiction to try the complaint. It is contended that the complainant is a proprietary concern, and the registered office is at Kollam. The respondent's business is at Kollam. A cheque in question was issued towards discharge of a liability incurred, by way of advertisement charges relating to one Sree Krishna Homeo House, which is also situated in Kollam. The cheque was presented for collection in the Punjab and Sind Bank at Kollam. The only justification given for presenting the complaint before the court at Kozhikode is that the notice demanding payment was dispatched from the Head Post Office, CRMC.4102 /2006 2 Kozhikode and this was done on the premise that the complainant had a branch at Kozhikode. It is appropriate that the complaint is tried at Kollam, wherein the court admittedly had jurisdiction. Accordingly, the Crl.M.C. is allowed. The JFCM Court -I Kozhikode shall transfer the proceedings in ST.No.133/2006 to the court of Judicial First Class Magistrate at Kollam on the petitioner herein producing a copy of the order before the learned Magistrate. The parties shall appear before the JFCM Court at Kollam on 24.11.2008. It is made clear that the accused will be entitled to take up all other contentions which have been raised in the Cr.M.C. as regards the payment of the amount stated to be due and consequential discharge of liability as such. I have not gone into those aspects in this case because it is unnecessary to do so. V. GIRI, JUDGE. pmn/ CRMC.4102 /2006 3