Kerala HC set aside an order returning the complaint for lack of jurisdiction in a Section 138 NI Act case. The Court held that the Negotiable Instruments (Amendment) Ordinance 2015 clarified jurisdictionat the branch where the cheque was presented and returned.
Impugned order set aside; matter remanded to court below to take back the complaint and proceed with it.
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 SUNIL THOMAS
TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937
Crl.Rev.Pet.No. 2146 of 2009 ( )
AGAINST THE ORDER IN C.M.P.517/09 IN CC NO.534/2006 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM
PETITIONER/COMPLAINANT:
ELDHO N.I,PROPRIETOR,M/S.PHOTOMAX COLOUR LAB, KOTHAMANGALAM, NEELANAKAL HOUSE KARUKADAM.PO, -KOTHAMANGALAM.
BY ADVS.SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P
RESPONDENTS/ACCUSED & STATE:
1. MR.JAYESH GOR,CHAIRMAN,M/S.AGILE PHOTO TECHNIKA(1)PVT.LTD, 108, ANDHERI INDUSTRIAL ESTATE OFF VEERA DESAI ROAD, ANDHERI WEST, MUMBAI.
2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.THAMBI JACOB R1 BY ADV. SRI.JOE KALLIATH R2 GOVERNMENT PLEADER: SMT BINDU GOPINATH
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01.09.2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No. 2146 of 2009
2
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE 1 : TRUE COPY OF the COMPLAINT FILED BY the PETITIONER. ANNEXURE II : TRUE COPY OF TE PETITION, C.M.P.NO.517/2009 FILED BY THE RESPONDENT
ANNEXURE III: TRUE COPY OF THE OBJECTION FILED BY the PETITIONER AGAINST ANNEXURE II
RESPONDENTS' ANNEXURES:NIL
True Copy /
P.A to Judge
SUNIL THOMAS, J.
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Crl.R.P.No.2146 of 2009
==============================
Dated this the 1st day of September, 2015
ORDER
This revision arises from the order in C.M.P.No.517 of 2009 in C.C.No.534 of 2006 of the Judicial First Class Magistrate Court, Kothamangalam in a proceeding under Section 138 of the Negotiable Instruments Act.
2
Crl.R.P.2146/2009
of notice within its jurisdiction will not confer jurisdiction on a criminal Court. The court below ultimately held that the complaint was not maintainable within the jurisdiction of that Court and ordered return of complaint for presentation before the proper Court. This is under challenge in this revision.
Crl.R.P.2146/2009
3
payee or holder in due course, as the case may be, maintains the account, is situated, the case shall be tried by the Court within whose jurisdiction the branch of the bank is situated. Evidently, by this Amending Act, it has been clarified that the Court within whose jurisdiction the cheque is presented for collection and is thereafter, returned, will have jurisdiction to try a proceeding alleging offence punishable under Section 138 of the Negotiable Instruments Act.
In the result, the impugned order is set aside and the matter is remanded to the court below with a direction to the court below to take the complaint back to file and to proceed with it in accordance with law. Both sides shall appear before the court below on 03.10.2015.
Sd/-
SUNIL THOMAS Judge
Sbna
3 issues framed by the court
Whether the passing of an order returning the complaint for lack of jurisdiction operates as an effective bar when there is no stay on the complaint.
Whether the amended Section 142(2)(a) of the Negotiable Instruments Act confers jurisdiction on courts where the cheque was presented for collection and returned.
Whether the impugned order setting aside the complaint under Section 138 is sustainable.
Colour shows how this judgement treated each authority
Herman Electronics Pvt. Ltd. Vs. National Panasonic Pvt. Ltd.Distinguished¶31
Herman Electronics Pvt. Ltd. Vs. National Panasonic Pvt. Ltd. (2009(2) KLT 113 SC)
2 provisions across 1 enactments
Eldho N.I
Jayesh Gor
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
