IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.M C.No. 1453 of 2009() ----------------------------------- AGAINST THE PROCEEDING IN S.T. 77/2009 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM. PETITIONER : ----------------------- K.BAWA SALIM, S/O. K.M. BAVA, PROPRIETOR, ROCK I BUILDERS & DEVELOPERS, ROOM NO. 193 & 194, DD VYPAR BHAVAN, K.P. VALLON ROAD, KADAVANTHARA , KOCHI -20. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENTS: ------------------------ 1. JOSE VARGHESE, CHIRAYIL HOUSE, PAKKIL P.O., PALLAM, DIST KOTTAYAM, 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. AMJED ALI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C. No.1453 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of April, 2009 O R D E R Petitioner who is the accused in S.T.No.77/2009 on the file of the Chief Judicial Magistrate's Court, Kottayam for offence under section 138 of the Negotiable Instruments Act contends that the learned Chief Judicial Magistrate at Kottayam has no jurisdiction to entertain the complaint. According to petitioner, the appropriate Magistrate at Ernakulam alone has the jurisdiction to entertain the complaint. Petitioner relies on the decisions in Herman Electronics Pvt. Ltd. & another V. National Panasonic India Pvt. Ltd. (2009)1 SCC (Crl) 610 and Santhosh Kumar V. Mohanan (2008(3) KLT 461) to substantiate his case. 2. Admittedly, the petitioner has not raised the objection regarding the territorial jurisdiction before the learned Magistrate at Kottayam. Petitioner has to raise the question of want of territorial jurisdiction before the learned Magistrate. 3. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to raise the question regarding the territorial jurisdiction of the Chief Judicial Magistrate's Court, Kottayam before that court itself. Petitioner shall be permitted to raise the Crl.M.C. 1453/2009 -2- above question in absentia. The learned Chief Judicial Magistrate shall consider the said question without insisting on the personal appearance of the petitioner before the learned Magistrate for deciding the said question. V.RAMKUMAR, JUDGE. mn.