OFF THE GRID INTERIORS Vs. STATE OF KERALA

JUDGEMENT

(1.) An order passed by Judicial First Class Magistrate Court (NI Act Cases), Ernakulam (for short 'the trial court') on 2/2/2022 is taken up in challenge in the petition on hand.

(2.) The order was passed by the court below suo motu in a prosecution launched by the 2nd respondent under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act') whereby the jurisdiction under Sec. 311 of the Code of Criminal Procedure (for short 'Cr.P.C.') was invoked to ascertain the name of the persons who are operating the bank accounts shown on Ext.X1, the operation status of the account being 'anyone'.

(3.) The order reads as follows: "Heard the complainant. Accused represented. However, in the course of hearing it is seen that in Exhibit X1 bank statement which is vital in the transaction in question, the Account is in the name of 'A L Sreenivasa Shenoy and Others' from which the complaint is alleged to have made the payment to the accused. The operation status of the said Account is shown as 'Anyone'. Hence, for the just decision of this case, this court finds it inevitable to invoke sec. 311, Suo Motu, so as to ascertain the name of persons who are operating the bank account shown on Exhibit X1. Hence issue summons to the Bank Manager, Federal Bank Marine Drive Branch to bring up the details of the persons operating the aforesaid Account. For compliance, Call on 16/2/2022 " According to the learned counsel representing the petitioner in the case on hand, Ext.X1 bank statement is a vital document in the transaction. According to him, the account is in the name of 'A.L. Sreenivasa Shenoy and others' from which the complainant is alleged to have made the payment to the accused. But, the operation status of the account being 'Anyone' the trial court has found it inevitable to invoke the jurisdiction under Sec. 311 Cr.P.C and accordingly order dtd. 2/2/2022 was recorded.