IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Crl.MC.No. 2855 of 2007() ---------------------------------- CMP.2780/2007 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER(S): COMPLAINANT -------------------------- NAGARJUNA HERBAL CONCENTRATES LTD., REPRESENTED BY MR. BINU JOSE, LEGAL OFFICER, NAGARJUNA HERBAL CONCENTRATES LTD., KALAYANTHANI, THODUPUZHA. BY ADVS.MR.R.PARTHASARATHY MR.C.JAYACHANDRAN RESPONDENT(S): ACCUSED ---------------------- 1. SINEESH B. NAIR, AGED ABOUT 42 YEARS, A-ONE AGENCIES, PALA-KAKKAYANGADU, KANNUR-670673. POLICE STATION : KANNUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/03/2009, ALONG WITH CRMC NO. 2856 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 2855 OF 2007 & CRL.M.C.No. 2856 OF 2007 --------------------------------- Dated this the 16th day of March, 2009 O R D E R Both these petitions are filed challenging the order of the Chief Judicial Magistrate Court, Thodupuzha whereby in the order dated 5.9.2007 it is stated that since the complaint does not disclose that the cause of action has arisen within the jurisdiction of this Court the complaint is ordered to be returned for presentation before proper court within 7 days. I had perused the complaint in both the cases. In para 3 it is specifically averred that: “Cause of action for the petition arose on 15.07.2007 on the day coming after the expiry of 15 days allowed to the accused to make the payment and the accused failed to do so and continuously in Alakkode Village within the limit of the Thodupuzha Police Station, with in the jurisdiction of this Hon'ble Court.” Whether that avernment is correct or not is the matter that can be considered when there is an objection with respect to the CRL.M.C.No. 2855/2007 & CRL.M.C.No. 2856/2007 -2- place of cause of action or the jurisdictional aspect. When the accused enters appearance and the court entertains a doubt on the same, the court is at liberty to consider the same and pass appropriate orders in accordance with law. Therefore the Crl.M.Cs are allowed and the learned Chief Judicial Magistrate is directed to take the complaint to file and proceed in accordance with law. If an objection is raised regarding jurisdiction by the accused on his appearance or the court wants to hear it, it may be considered at that stage and appropriate orders be passed. M.N. KRISHNAN, JUDGE vkm