In this criminal misc. case, High Court held that the lower court order directing return of complaint under Section 138 NI Act was passed based on a superseded Apex Court decision and was liable to be quashed.
Annexure-5 order is quashed; the court below is directed to proceed with the matter.
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 B.KEMAL PASHA
FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937
Crl.MC.No. 1313 of 2015
ST 83/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA, DATED 24-01-2015
PETITIONER(S)/COMPLAINANT:
SURESH KUMAR.G, PUTHENPURIEKAL HOUSE, VENPALA P.O., THIRUVALLA.
BY ADVS.SRI.P.HARIDAS SRI.P.C.SHIJIN
RESPONDENT(S)/STATE & ACCUSED:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031.
2. JOSEPH GEORGE, MANAKKU PANTHRANTIL, AMICHAKARI P.O., THIRUVALLA-689 101.
R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 1313 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE-1: TRUE COPY OF THE CHEQUE DRAWN OF HDFC BANK LTD, CHENGANNUR BRANCH DATED 30.10.2012
ANNEXURE-2: TRUE COPY OF THE CHEQUE DRAWN ON FEDERAL BANK LTD., NEDUMBRAM BRANCH DATED 10.11.2012
ANNEXURE-3: TRUE COPY OF THE AGREEMENT DATED 22.2.2011
ANNEXURE-4: TRUE COPY OF THE COMPLAINT IN S.T. NO.83/2013 DATED 2013
ANNEXURE-5: TRUE COPY OF THE ORDER IN S.T.NO.83/2013 DATED 24.1.2015
RESPONDENT(S)' ANNEXURES
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
B. KEMAL PASHA, J.
Crl.M.C. No.1313 of 2015
Dated this the 18th day of September, 2015
O R D E R
~ ~ ~ ~ ~ ~
This is a matter relating to ST.83/2013 pending
before the Judicial First Class Magistrate's Court, Thiruvalla in respect of two dishonoured cheques, for the offence punishable under Section 138 of the NI Act. Based on the decision of the Apex Court in Dashrath Rupsingh Rathod Vs. State of Maharashtra [2014 (3) KLT 605 (SC)], the court below has chosen to pass Annexure-5 order for the return of the complaint for presentation before the appropriate court.
Crl.M.C.1313/2015
: 2 :
below and the court below is the court having jurisdiction to entertain the complaint. Therefore, Annexure-5 order is liable to be quashed.
In the result, this Crl.M.C. is allowed and Annexure-5 order is quashed. The court below is directed to proceed with the matter.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/18/09
// True Copy //
PA to Judge
2 issues framed by the court
Whether the order for return of complaint passed by the lower court in reliance on Dashrath Rupsingh Rathod is maintainable after the amendment of the Negotiable Instruments Act regarding territorial
Whether the High Court has the authority to quash the order directing return of the complaint and direct the lower court to proceed with the trial under section 138 of the NI Act.
Colour shows how this judgement treated each authority
Dashrath Rupsingh Rathod Vs. State of MaharashtraExplained¶35
Dashrath Rupsingh Rathod Vs. State of Maharashtra [2014 (3) KLT 605 (SC)]
1 provisions across 1 enactments
Suresh Kumar.G
State of Kerala
Joseph George
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
