The High Court granted the petitioner time to represent a Section 138 complaint in the proper territorial court, dismissing the criminal revision petition as withdrawn.
Time granted to represent the complaint in the proper court by 21.3.2015; proceeding closed as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936
Crl.MC.No. 1385 of 2015 ()
IN CRRP 71/2014 of D.C. & SESSIONS COURT,THRISSUR
IN CC 1462/2014 of J.M.F.C.-I,THRISSUR
PETITIONER(S)/REVISION PETITIONER/COMPLAINANT:
DR K MAHESH MENON AGED 39 YEARS S/O.T.A.RADHAKRISHNA MENON, MALIKAPARAMBIL HOUSE ANNAMANADA DESOM KALLOOR THEKKUMURI VILLAGE MUKUNDAPURAM TLAUK, THRISSUR DISTRICT - 680 741.
BY ADVS.SRI.N.M.MADHU
SRI.P.P.HARRIS SMT.C.S.RAJANI
RESPONDENT(S)/RESPONDENT/ACCUSED:
1. HATIS CORE ENGINEERING TECHNOLOGIES PVT LTD REPRESENTED BY ITS DIRECTOR MR.SATCHIDANANDA TRIPATHY 105, ROMA CROSS WINDS, BROOKE FILED KUNDALAHALLI, MARATHAHALLI, MARATHAHALLI P.O. BANGALORE - 560 037, KARNATAKA STATE
2. MR.SATCHIDANANDA TRIPATHY, S/O.INDRAMANI TRIPATHI RESIDING AT P4, ROMA CROSS WINDS, BROOKE FIELD KUNDALAHALLI, MARATHAHALLI P.O., BANGALORE - 560 037 KARANATAKA STATE
3. STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R3 BY PUBLIC PROSECUTOR SMT. P. MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1385 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A- TRUE COPY OF THE COMPLAINT IN C.C.NO.1462/2014 ON THE FILES OF THE JUDICIAL FIRT CLASS MAGISTRATE COURT -1, THRISSUR
ANNEXURE B- PHOTOCPY OF THQ ORDER DATED 10.11.2014 IN C.C.NO.1462/2014
ANNEXURE C- CERTIFIED COPY OF THE ORDER DATED 27.1.2015 IN CRL R.P. NO.71/2014
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
PA TO JUDGE sab
P.UBAID, J.
Crl. M.C No.1385 of 2015
Dated this the 10th day of March, 2015.
O R D E R
The petitioner herein is the complainant in a prosecution brought under Section 138 of the Negotiable Instruments Act. His complaint was returned by the learned Judicial First Class Magistrate Court – I, Thrissur on the ground of territorial jurisdiction, in view of the position recently settled by the Hon'ble Supreme Court. His contention is that the cheque in question is an 'at par' cheque which can be presented in any branch of the Bank, and so the cheque can be presented at any place where dishonour is intimated. The learned counsel for the petitioner submits that for the time being, he would not like to make submissions on this issue. However he will be satisfied, if he is given some reasonable time to represent the complaint in the appropriate court. The complaint was returned by the court below on 10.11.2014. The period of 30 days has now expired. He came before this court on the bonafide belief that he will get orders in his favour on the ground that the cheque is an 'at par' cheque. Anyway, I am not inclined to go to the legal aspects at this stage, when the petitioner only wants some time to represent the complaint in the proper
Crl. M.C No.1385 of 2015 2
court. The learned counsel submits that he would like to withdraw the proceeding with liberty to represent the complaint in the proper court within a reasonable time granted by this court.
The submissions made by the learned counsel are accepted and recorded, and accordingly this Crl.M.C is closed as withdrawn, however granting time to the petitioner till 21.3.2015 to represent the complaint in the proper court having territorial jurisdiction.
P.UBAID, JUDGE
sab
1 issue framed by the court
Whether to grant time to the petitioner to present the complaint in the court having territorial jurisdiction.
DR K MAHESH MENON
HATIS CORE ENGINEERING TECHNOLOGIES PVT LTD
MR.SATCHIDANANDA TRIPATHY
STATE OF KERALA
P.UBAID
As recorded by the court registry
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