IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 17241 of 2010(Q) ----------------------------------------- PETITIONER: ---------------------- IDEAL PUBLICATIONS TRUST(REPRESENTED HEREIN BY SHOUFAR NAVAS ITS AUTHORISED REPRESENTATIVE), MADHYAMAM DAILY, SILVER HILLS, KOZHIKODE 673 012. BY ADV. SRI.M.AJAY RESPONDENT(S): ---------------------------- 1. MR.SHINE, PROPRIETOR, MEDIA ADVERTISING CONSULTANTS, ADAM CIRCLE, T.B.JUNCTION, ANGAMALY-683 572. 2. THE STATE OF KERALA (REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY AND SECRETARY TO GOVERNMENT, HOME DEPARTMENT) THE SECRETRIAT, THIRUVANANTHAPURAM. R2 BY GOVERNMENT PLEADER SRI. C.M. NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- W.P.(C)No.17241 of 2010 -------------------------------------- Dated this the 3rd day of June, 2010 ORDER The petitioner who is the complainant in C.M.P.No.1680/2010 on the file of the Judicial Magistrate of the First Class-IV, Kozhikode for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 challenges the return of Ext.P2 private complaint on the ground of want of territorial jurisdiction. The learned Magistrate has relied on the decision of this Court in 2008 (3) KLT 461 the correctness of which is now pending before a Division Bench of this Court upon a reference. Since the complaint was returned at the threshold, if ultimately either the Division Bench or the Apex Court holds in favour of the petitioner he will be losing valuable time consequent on the return of the complaint. Accordingly this Writ Petition is disposed of directing the Magistrate to re-admit the Ext.P2 private complaint and deal with the same in accordance with law subject to the final verdict regarding the territorial jurisdiction of that Court. V.RAMKUMAR, JUDGE skj