IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Crl.MC.No. 4188 of 2008() ------------------------- CC.236/2006 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... PETITIONER(S): --------------- RAJASEKHARAN, RAJAMANIDRAM, NEERETTUPURAM P.O., THALAVADI VILLAGE, KUTTANAD TALUK ALAPPUZHA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): --------------- 1. GEETH SIVADA, CHARUTHA GARMENTS, NEERETTUPURAM P.O., ALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU SRI.P.VINODKUMAR FOR R1 SRI.T.K.AJITH KUMAR FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4188 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2008 O R D E R There is no representation for the respondent. Petitioner is the complainant in a prosecution under Section 138 of the N.I. Act. It is submitted that the entire trial is over and all what remains is pronouncement of judgment. At that stage, the learned Chief Judicial Magistrate realised that he may not be having territorial jurisdiction to deal with the prosecution under Section 138 of the N.I. Act in the light of the decision in Ahammedkutty Haji v. State of Kerala (2007 (1) KLT 68). 2. The learned counsel for the petitioner submits and I am satisfied that in the light of the fact that the entire trial is already over and no objection to jurisdiction had been raised when the trial started and reached till this stage, the learned Chief Judicial Magistrate can be directed to dispose of the case. 3. In the result: a) This Crl.M.C. is allowed. Crl.M.C.No. 4188 of 2008 2 b) The impugned order is set aside. c) The learned Chief Judicial Magistrate, Alleppey shall dispose of C.C.236 of 2006 afresh in accordance with law within a further period of one month. 4. Hand over copy to the learned counsel for the petitioner. (R. BASANT) Judge tm