Petitioner sought quashing of an order denying territorial jurisdiction in a Section 138 complaint. Counsel conceded the 2015 Amendment Ordinance was in force, leading to dismissal of the petition without substantive hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937
Crl.MC.No. 1230 of 2013 ()
AGAINST THE ORDER IN CRL.M.P.NO.2172/2012 IN S.T.NO.86/2011 OF THE CHIEF JUDICIAL MAGISTRATE, PATHANAMTHITTA DATED:13.02.2013
PETITIONER/ACCUSED:
G.SATHEESH KUMAR, AGED 27 YEARS, S/O. LATE B.GOPAN, SATHEESH BHAVANAM, CHANGA P.O., VALLANADU, TRIVANDRUM.
BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.P.BAJI RAVEENDRAN
RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA,
2. A.RADHAKRISHNAN NAIR, AGED 48 YEARS
R1 BY PUBLIC PROSECUTOR: SMT.LISHA M G
R2 BY ADV. SRI.AJEESH K.SASI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1230 of 2013 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE II - COPY OF THE CHIEF AFFIDAVIT DATED 17-11-2011.
ANNEXURE III - COPY OF THE ORDER DATED 13-2-2013 IN CRL.MP.NO. 2172/2012 IN S.T.NO.86/2011 OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA.
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE
skr
K.P.JOTHINDRANATH, J
== == == == == == == == == == ==
CRL.M.C 1230/2013
== == == == == == == == == == == Dated this the 28th day of July, 2015
ORDER
This is an application filed under section 482 of the Code of
Criminal Procedure to quash Annexure 3 order of the Chief Judicial Magistrate Court, Pathanamthitta. The facts are as follows.
K.P. JYOTHINDRANATH JUDGE
skr
1 issue framed by the court
Whether the High Court should quash the CJM's order denying jurisdiction and direct return of the complaint under Section 138 NI Act amended by Ordinance 2015.
1 provisions across 1 enactments
G. Satheesh Kumar
State of Kerala
A. Radhakrishnan Nair
K.P. Jyothindranath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
