IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.MC.No. 2487 of 2009() ------------------------------------- ST.2801/2006 OF JUDICIAL MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER/COMPLAINANT ----------------------------------------- SREE GOKULAM CHITS AND FINANCE COMPANY PRIVATE LIMITED (HEAD OFFICE-66, ARCOT ROAD, CHENNAI), REP. BY A. SASIDHARAN, S/O.GOPALAN NAIR, VELLIYATTU HOUSE, KODANNOOR, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS/ACCUSED AND STATE ---------------------------------------------------------- 1. V. HARI, S/O.SANKARA MARAR, THODUKOTHIL MARAR, PANDAMANGALAM, KOTTUKKAD. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2487 of 2009 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A: COPY OF THE COMPLAINT DATED 06/05/2006 ON THE FILE OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, III, THRISSUR AS ST. NO.2801/2006. ANNEXURE B: COPY OF THE STATUTORY NOTICE ISSUED BY THE COMPLAINANT TO THE ACCUSED DATED 22/03/2006. ANNEXURE C: COPY OF THE ORDER DATED 25/04/2009 IN ST. NO.2801/2006 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE III, THRISSUR. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.2487 of 2009 ---------------------------------------------------- Dated this the 18th day of October, 2011 Order Heard learned counsel for the petitioner. It is seen that Annexure C order was passed before the accused entered appearance. The learned counsel for the petitioner submits that even without hearing the counsel for the complainant, the learned Magistrate returned the complaint to re-present the same before the JFCM Court, Malappuram and a further direction was issued that the complainant should appear before the JFCM Court, Malappuram on 25.5.2009. First of all, the JFCM, Thrissur cannot direct the complainant to be present before the JFCM, Malappuram on 25.5.2009. By issuing such a direction the learned Magistrate cannot save the running of period of limitation also. Similarly, the learned Magistrate cannot direct the complaint to be filed before another court. The submission made by the learned counsel is that the impugned order was passed without hearing the learned counsel for the complainant. Hence, it is just and proper that Annexure C order is set aside and the matter is Crl.M.C.2487/09 2 directed to be heard again by the learned Magistrate after hearing the learned counsel for the complainant. Learned counsel for the petitioner submits that the complainant has got a very good case to be substantiated that JFCM, Thrissur has got jurisdiction to try the case. 2. The following directions are issued: The learned Magistrate will pass appropriate orders after hearing the learned counsel for the complainant. If the learned Magistrate finds that even to decide that question, the accused has to be given notice, the learned Magistrate is at liberty to issue notice to the accused. The complainant can produce the records, which were taken back from that court, along with the copy of this order upon which the learned Magistrate will pass appropriate orders in the light of what is stated above. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.2487/09 3 Crl.M.C.2487/09 4