Kerala High Court
K. Sreedhara Panicker vs State Of Kerala on 22 February, 2007
Equivalent citations: AIR 2007 KERALA 155, 2007 (4) ALL LJ NOC 581, ILR(KER) 2007 (2) KER 37, (2007) 2 KER LT 261, (2007) 4 CIVLJ 409
Author: R.Basant
Bench: R.Basant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr P(Crl) No. 33 of 2007()
1. K. SREEDHARA PANICKER
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.G.ANANTHANARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :22/02/2007
O R D E R
R. BASANT, J.
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Tr.P.(Cri) NO. 33 OF 2007
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Dated this the 22nd day of February, 2007
ORDER
The petitioner is the accused in a prosecution under Sec.138 of the N.I. Act. Cognizance has not been taken. The matter is pending before the learned Magistrate. There is an application to condone the delay in filing the complaint also.
2. According to the petitioner, the learned Judicial Magistrate of the First Class-II, Kochi, has no jurisdictional competence to deal with the matter inasmuch as the allegations, if accepted in toto, can give rise to a cause of action only before the Judicial Magistrate of the First Class-II, Haripad, and the learned Magistrate of the First Class-II, Kochi, has no territorial jurisdiction in the matter.
3. According to the petitioner, he had raised the contention in M.P.No.1153/07. He had requested that inasmuch as the learned Judicial Magistrate of the First Class- II, Kochi, lacks territorial jurisdiction, the complaint may be returned to the petitioner for presentation before the Tr.P.(Cri) NO. 33 OF 2007 -: 2 :- appropriate court. That petition, a copy of which is produced as Annexure-A3, has not been considered by the learned Magistrate so far. The learned Magistrate is proceeding to assume the jurisdiction without considering that question.
4. I am satisfied, in these circumstances, that this transfer petition need not be taken up for consideration. The interests of justice will be best served by directing the learned Magistrate of the First Class-II, Kochi, to consider and dispose of M.P.No.1153/07 on merits expeditiously before proceeding to consider the complaint filed and the application for condonation of delay in filing the complaint. Orders shall be passed on Annexure-A3 application by the learned Magistrate expeditiously at any rate within a period of one month from 9/3/2007 the date to which the case now stands posted before the learned Magistrate.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy// P.S. To Judge