IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 3040 of 2007() ------------------------- CC.738/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER(S): ACCUSED ---------------------- ALI.M.K., MANNIL THODI HOUSE, PALLIPADIKKAL, KIZHUPARAMBA P.O., AREACODE VIA, MALAPPURAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. HOUSING DEVELOPMENT FINANCE CORPORATION LTD., HAVING ITS BRANCH OFFICE HDFC HOUSE, RAVIPURAM JN., M.G.ROAD, COCHIN-15, REPRESENTED BY IT JUNIOR OFFICER (RECOVERY) MR.ARUN KUMAR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. ADV. SRI.KKM.SHERIF FOR R.1 SRI.P.M.KUNJIMOIDEENKUTTY FOR R.1 SRI.P.M.HARIS FOR R.1 SRI.LAL K.JOSEPH FOR R.1 PUBLIC PROSECUTOR SRI.NOBLE MATHEW THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * Crl.M.C.No.3040 of 2007 ---------------------------------------- Dated this the 25th day of February 2010 O R D E R Basant,J This matter has come up before us on reference. The learned counsel for the respondent herein, that is the complainant in the prosecution under Section 138 of the Negotiable Instruments Act submits that the complainant is willing to withdraw the complaint and that the matter is pending unnecessarily before the court below because of an order of stay passed in this Crl.M.C. The learned counsel for the respondent submits that this Crl.M.C may now be dismissed as unnecessary in the wake of the submission of the respondent that the respondent wants to withdraw the complaint filed under Section 138 of the Negotiable Instruments Act. The submission of the learned counsel for the respondent is taken note of and recorded. 2. This Crl.M.C is, in these circumstances, dismissed as unnecessary. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No. 2 Crl.M.C.No. 3 Crl.M.C.No. 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009 Crl.M.C.No. 5 The short grievance of the petitioner urged before me now is that the court which has taken cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act against the petitioner - that is the Judicial First Class Magistrate Court, Adoor has no territorial jurisdiction to entertain the complaint. 2. This Criminal Miscellaneous Case is admitted. Issue notice to the respondent/complainant by speed post with acknowledgment due. Simultaneously give notice personally to the learned counsel for the first respondent/complainant who appears before the court below and file a memo to that effect within a period of fifteen days. 3. There shall be an interim stay, as prayed for, till Crl.M.C.No. 6 19/10/2007. Call on 19/10/2007 along with Crl.M.C.No.3009/07 and connected cases. R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007