Disposed

K.D.Sasidharan v. Radhakrishnan

Kerala HC15 Sept 2015Crl.MC/3258/2015

Case brief

AI extract

What is this about?

High Court order transferred pending criminal proceedings CMP 9022/2014 from JMFC-I Alappuzha to JMFC-II Vaikom. The transfer was necessitated by jurisdictional changes post-amendment to the Negotiable Instruments Act and the fact that evidence had commenced at Vaikom.

What did the court decide?

Transferred pending Criminal Misc. Matter No. 9022/2014 from J.M.F.C.-I, Alappuzha to J.M.F.C.-II, Vaikom.

K.D.Sasidharan Vs Radhakrishnan — Cheque Dishonour | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937

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Crl.MC.No. 3258 of 2015 ()

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AGAINST THE ORDER/JUDGMENT IN CMP 9022/2014 of J.M.F.C.-I, ALAPPUZHA

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AGAINST THE ORDER/JUDGMENT IN ST 207/2013 of J.M.F.C.,VAIKOM

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PETITIONER(S)/COMPLAINANT:

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K.D.SASIDHARAN AGED 57 YEARS S/O.DIVAKARAN, KAKKALAMTHARA VEEDU, T.V.PURAM PO VAIKOM, PIN:

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BY ADVS.SRI.DARSAN SOMANATH SRI.P.S.ANAGHAN

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RESPONDENT(S)/ACCUSED/STATE:

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1. RADHAKRISHNAN

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S/O.SREEDHARAN, PUTHENPURAKKAL VEEDU, SOUTH ARYAD AVALOOKUNNU PO, ALAPPUZHA 688001

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2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA

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BY PUBLIC PROSECUTOR SMT.SAREENA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3258 of 2015 () ---------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE AI:THE TRUE COPY OF THE COMPLAINT, VIZ, ST.307/2013 FILED BY THE PETITIONER BEFORE JFCM, VAIKOM ANNEXURE A2:THE TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONER DATED 14.08.2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM ANNEXURE A3:THE TRUE COPY OF THE ORDER OF JFCM, VAIKOM IN ST.307/2013 DATED 05.09.2014 ANNEXURE A4:THE ORIGINAL PROCEEDING SHEET OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALAPPUZHA IN CMP.9022/2014

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RESPONDENT(S)' EXHIBITS

NIL

/TRUE COPY/

PS TO JUDGE

vgs

B.KEMAL PASHA, J.

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................................................................ CRL. M.C. No. 3258 of 2015

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............................................................... Dated this the 15^th day of September, 2015

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O R D E R

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Petitioner is the complainant in S.T.No.207/13 of the Judicial First Class Magistrate's Court-II, Vaikom for the offence punishable under Section 138 of the Negotiable Instruments Act. Based on the decision in Dashrath Rupsingh v. State of Maharashtra [2014(3) KLT 605(SC)], the matter was returned for presentation before the Judicial First Class Magistrate's Court-I, Alappuzha within whose jurisdiction the drawer Bank is situated. Presently, amendment has been brought out to the N.I.Act whereby the jurisdiction is conferred on the payee Bank in which the cheque has been presented. In this case, the cheque was presented at the Bank within the jurisdiction of the Judicial

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CRL.M.C.No.3258 of 2015

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-: 2 :-

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First Class Magistrate's Court-I, Vaikom. Apart from that, the evidence in this case has been commenced before the Judicial First Class Magistrate's Court-II, Vaikom. Matters being so, the proceedings are necessarily to be transferred from the Judicial First Class Magistrate's Court-I, Alappuzha where it is pending as CMP No.9022/2014, to the Judicial First Class Magistrate's Court-II, Vaikom.

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In the result, this Crl.M.C. is disposed of by transferring CMP No.9022/2014 pending before the Judicial First Class Magistrate's Court-I, Alappuzha to the Judicial First Class Magistrate's Court-II, Vaikom.

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Sd/- B.KEMAL PASHA, JUDGE

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ul/-

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[True copy] P.S. to Judge

K.D.Sasidharan v. Radhakrishnan

Case brief

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K.D.Sasidharan v. Radhakrishnan

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