IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.Rev.Pet.No. 362 of 2009() ----------------------------- CC.800/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... REVN. PETITIONER(S): COMPLAINANT ------------------------------------------ BIJAY CHOCKANI @ BIJAY KUMAR CHOCKANI, S/O.BANWARILAL DURGADUTT CHOCKANI, RESIDING AT A/106 SHIV-PARVATI BUILDING, CHINCHOLI BUNDAR ROAD, MALAD (WEST), MUMBAI. BY ADV. SRI.M.P.MADHAVANKUTTY SRI.GOKUL DAS V.V.H. RESPONDENT(S): ACCUSED & STATE ----------------------------------------- 1. MR.JACKIE SHROFF, 1302, LAY PEPEON, MOUNT MERRY ROAD, BANDRA (WEST), MUMBAI. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== Crl.R.P. NO. 362 OF 2009 =========================== Dated this the 30th day of January,2009 ORDER Revision petitioner is the complainant in CC.800/2008 on the file of Judicial First Class Magistrate, Kodungallur. As per order dated 6.11.2008 learned Magistrate returned the complaint for presentation before proper court following the decision of this court in Santhoshkumar v. Mohanan (2008(3) KLT 461) finding that none of the components of the offence under section 138 of the Negotiable Instruments Act has taken place within the jurisdiction of that court. Revision is filed challenging that order contending that learned Magistrate should have granted time for presentation before the proper court. Learned counsel appearing for revision petitioner submitted that this court in Crl.R.P.4009/2008 CRRP 362/2009 2 following the decision in Abdul Nazeem v. Radhakrishnan (2000(2) KLT 23) granted three weeks time for presentation of the complaint before the proper court and as no time was fixed in this case also revision petitioner is entitled to get time. In view of the decision of this court in Abdul Nazeem's case and in Crl.R.P.4009/2008 revision petitioner is entitled to get time for presentation of the complaint which was returned by the learned Magistrate before the proper court. Revision petitioner is granted three weeks time from today for presentation of the complaint before the proper court. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006