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Documents citing Thresiamma Varkey vs State Of Kerala on 9 June, 2017

Luckson Francis Augustine vs Jolly Abraham Malayil

6. Going by 2010 (4) KLT 598 I find that the issue referred to the Division Bench of this court was whether the Magistrate Court having territorial jurisdiction over a place from where notice as provided under proviso (b) to Section 138 has been issued would get jurisdiction to try a case for offence under Section 138 of the Negotiable Instruments Act. Then the learned counsel for the Revision Petitioner drew my attention to paragraph 23 of the said judgment and submits that the finding is that drawee bank would not get territorial jurisdiction to entertain the complaint. Going by 1999 KHC 614 it is very clear in my mind that the Supreme Court had used the word "drawee" bank and no interpretation is necessary to understand what was intended by the Supreme Court Particularly when expression is plain and unambiguous. When the Supreme Court has laid down Crl.R.P. No.2019 of 2012 6 the proposition without any ambiguity, this Court is inclined to follow the decision of the Supreme court under Article 141 of the Indian Constitution. Therefore, I reject the argument advanced by the learned the counsel for the Revision Petitioner and I confirm the order under challenge.
Kerala High Court Cites 4 - Cited by 0 - K Harilal - Full Document

Piuse vs Seelakumari

In view of the above submission of the learned counsel for the petitioners, the learned Sessions Judge concerned is directed to transfer S.C.No.958/2016 to the Magistrate Court concerned, in accordance with the direction of this Court in Thresiamma Varkey (supra), as expeditiously as possible, and at any rate within three days from the date of receipt of this order by the court below. In the result, this Crl.M.C. stands disposed of as above.
Kerala High Court Cites 1 - Cited by 0 - B P Kumar - Full Document

Nikhil vs State Of Kerala on 14 August, 2017

The petitioner is the accused in L.P.No.22/2016 in S.C.No.116/2015 on the files of the Additional Sessions Court-I, Alappuzha. The offences alleged are the offences under Sections 447, 324, 323, 341, 294(b), 427 and 379 r/w Section 34 IPC. The above case was tried by the Magistrate Court concerned and towards the end of the trial, the case was committed to the Sessions Court on the reason that two of the victims were juveniles. However, in view of the decision of this Court in Thresiamma Varkey v. State of Kerala [2017(3) KHC 656], since the offences alleged are punishable with imprisonment for less than seven years, the Childrens' Court lacks jurisdiction to try the offences.
Kerala High Court Cites 2 - Cited by 0 - B P Kumar - Full Document

Police Station vs By Adv.Sri.Manu Roy

The petitioner herein is arrayed as the second accused in Crime No.375/2011 of Nooranad Police Station for offences punishable under sections 447, 324, 323, 341, 294(b), 427, 379 read with section 34 of the Indian Penal Code. After investigation, final report was filed. While so, the Magistrate, on an impression that the defacto complainant was a juvenile on the date of occurrence has committed the matter to the Children's Court, Alappuzha and the case was re-numbered as SC.No.555/2014. This was challenged before this court in Crl.M.C.No.5285/2017. This court by order dated 14.8.2017 held that in view of the decisions of this court in Thresiamma Varkey V. State of Kerala [2017(3) KHC 656], the Children's Court lacks jurisdiction to try the offences. Accordingly, the court below was directed to transfer the case to the Magistrate Court concerned for trial and disposal, in Crl.M.C.No.8538 of 2017 2 accordance with law. It is stated that the case against the petitioner herein was in the LP register of Judicial First Class Magistrate Court-II, Mavelikkara. Hence it was not transferred to the Magistrate court, pursuant to the order of this court in Annexure-A2. In the light of the above, the court below is directed to transfer the case as against the petitioner herein to the Magistrate Court concerned for trial and disposal in accordance with law as held by this court by order in Crl.M.C.No.5285/2017. The execution of warrant issued by the court below will be kept in abeyance till the next date of appearance of the petitioner herein before the court below.
Kerala High Court Cites 2 - Cited by 0 - S Thomas - Full Document

K.P.James vs Kavya Madhavan

3. The offences alleged against the petitioner are the offences under Sections 465, 468, 471 and 420 IPC. Therefore, the said offences are triable by a Magistrate Court as provided under Section 86(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 in view of the decision of this Court in Thresiamma Varkey v. State of Kerala (2017(3)KHC 656). For the said reason, Annexure A4 proceedings dated 4/08/2016 directing to refile the case as committal proceedings stand quashed and the learned Magistrate is directed to proceed with the trial of the case in accordance with law.
Kerala High Court Cites 6 - Cited by 0 - B P Kumar - Full Document
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