RAJU JOSEPH Vs. SHINE M S

JUDGEMENT

(1.) PETITIONER is accused in C.C.No. 4 of 2011 of the Court of learned Judicial First Class Magistrate-II, Vaikom for offence punishable under Section 138 of the Negotiable Instruments Act. Prayer in this petition is to order transfer of the said case the Court of learned Judicial First Class Magistrate-I, Aluva on the ground that the former Court has no territorial jurisdiction to entertain the complaint and take cognizance of the offence. Learned Senior Advocate appearing for petitioner contended that no part of the cause of action has arisen within the local limits of learned JFCM-II, Vaikom and hence learned Magistrate could not have taken the complaint on file or taken cognizance of the offence against the petitioner. Learned Senior Counsel has placed reliance on Ahuja Nandkishore Donjre v. State of Maharashtra (2007(1) KLJ 738).

(2.) LEARNED counsel for the first respondent submitted that the complaint was originally filed before learned Judicial First Class Magistrate's Court-I, Vaikom, it was taken on file as C.C.No.431 of 2010 and later, made over to the Court of learned Judicial Magistrate-II, Vaikom for trial and disposal where the case was renumbered as C.C.No. 4 of 2011. According to the learned counsel, petitioner appeared before learned JFCM-II, Vaikom and was released on bail but, later, he did not appear in court. Thereupon bail bond was cancelled and non-bailable warrant was issued to the petitioner. Now the case is posted for trial on 29.4.2011. According to the learned counsel, learned Judicial First Class Magistrate-I, Vaikom, before whom the complaint was originally filed, had jurisdiction to entertain the complaint and take cognizance of the offence.