ABDUL AZEEZ NAZEEM Vs. RADHAKRISHNAN

JUDGEMENT

(1.) This Crl. M. C. is filed by the accused in C.C. 326/98 on the file of the Judicial First Class Magistrate's Court, Ramankari to quash Annexure.A order dated 15.12.99 passed by the J.F.C.M.'s Court, Ramankari in C.M.P.No. 6629/99 in C. C. No. 326/98 and to direct the learned Magistrate to drop the entire proceedings against him under S.482 of the Cr.P.C.

(2.) On the basis of the complaint filed by the 1st respondent before the Judicial First Class Magistrate's Court II, Cherthala on 24.6.1995 C.C. 218/95 was registered against the petitioner alleging offence punishable under S.138 of the Negotiable Instruments Act. The petitioner filed a petition after he entered appearance to discharge him stating that the J.F.C.M.'s Court II, Cherthala has no jurisdiction to try the case, on 23.5.1996. While that petition was pending the 1st respondent complainant filed C.M.P. No. 2037/96 before the Chief Judicial Magistrate's Court, Alappuzha seeking to transfer the case from J.F.C.M.'s Court - II, Cherthala to J.F.C.M.'s Court - I, Alappuzha. That petition was dismissed by the C.J.M. by order dated 13.8.1996. Thereafter the 1st respondent filed C.M.P. No. 2660/97 before the J.F.C.M.'s Court, Cherthala seeking to return the complaint for filing before the proper court stating that J.F.C.M.'s Court, Cherthala has no territorial jurisdiction to try the case. The learned Magistrate by order dated 20.6.97 returned the complaint for presentation before the proper Court under S.201 of the Cr.P.C. Accordingly the 1st respondent represented the complaint before the J.F.C.M.'s Court, Alappuzha and the same was taken on file and numbered as C.C. 563/97 before that Court. Subsequently the case was transferred to the file of the J.F.C.M.'s Court Ramankary as per the order of the C.J.M., Alappuzha and the same is renumbered as C.C. 326/98 before that Court on 29.8.1998. The petitioner filed C.M.P. 6629/99 before the J.F.C.M.'s Court, Ramankary to drop the entire proceedings against him since the complaint is barred by time. The learned Magistrate after finding that the complaint was filed by the 1st respondent before the J.F.C.M's Court, Cherthala within the period of limitation, though that Court had no jurisdiction to take cognizance of the offence alleged in the complaint, dismissed the petition/filed by the petitioner. Hence the petitioner has preferred this M. C. before this Court to quash the order passed by the learned Magistrate and to direct the Magistrate's Court to drop the entire proceedings against him.

(3.) The petitioner has contended that it is admitted by the 1st respondent that the J.F.C.M.'s Court, Cherthala has no territorial jurisdiction to take cognizance of the offence alleged in the complaint filed by the 1st respondent against him and therefore, the complaint represented by the 1st respondent before the proper Court after return of the complaint by the J.F.C.M.'s Court, Cherthala long after the expiry of the period of limitation stipulated for preferring the complaint under S.138 of the N.I. Act, is barred by time and therefore, cognizance of the offence taken by the J.F.C.M.'s Court Alappuzha is illegal and unsustainable and therefore, the entire proceedings initiated against him as per the complaint filed before the J.F.C.M.'s Court Alappuzha should be dropped.