IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Crl.MC.No. 748 of 2010() ------------------------------------ C.C.NO.14/08 OF JFCMC II, PERINTHALMANNA ...... PETITIONER(S): ACCUSED: ----------------------------------------- SONA S.SUKUMAR, S/O.SUKUMARAN NADAR, KUZHIYANVILA HOUSE, KALLIYOOR PO, THIRUVANANTHAPURAM DISTRICT. BY ADVS. MR.GOPAKUMAR R.THALIYAL, MR..P.PRAJEESH. RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------------ 1. SHERIEF, S/O. LATE MOHAMMED HANEEFA, ARANGODAN QUARTERS, TIRURKKAD PO, AREEPRA, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.748 OF 2010 ------------------------------------------ Dated 31st March 2010 O R D E R Petitioner is the accused in C.C.14/2008 on the file of Judicial First Class Magistrate-II, Perinthalmanna taken cognizance for the offence under Section 138 of Negotiable Instruments Act, on Annexure-I complaint filed by the first respondent. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken, contending that Judicial First Class Magistrate-II, Perinthalmanna has no jurisdiction to try the case as the entire transaction has taken place within Thiruvananthapuram. 2. Learned counsel appearing for the petitioner was heard. Crmc 748/10 2 3. Question whether learned Magistrate Perinthalmanna has jurisdiction to try the case is to be decided by the learned Magistrate on evidence. Petitioner is at liberty to raise all the contentions raised herein before the learned Magistrate. With that liberty petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.