JACOB T.K Vs. NAZEER K H

JUDGEMENT

(1.) The petitioner is the complainant in CMP No.1053 of 2023 filed before the Judicial Magistrate of the First Class, Chottanikkara. That complaint was filed alleging an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. As per the order dtd. 7/10/2023, the learned Magistrate returned the complaint to the petitioner for being presented before the proper court. The said order reads thus:-

(2.) The petitioner is aggrieved inasmuch as a conjoint reading of sub-sec. (2) of Sec. 142 and its explanation allows only one meaning that the cheque if presented in a branch of the same Bank other than the one where the complainant maintains his account, the branch where he maintains account is deemed to be the branch where the cheque was presented for encashment. But, the learned Magistrate overlooked that provision while ordering return of the complaint.

(3.) Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. Service of notice on the 1st respondent, who is the accused, is dispensed with, since the Magistrate did not issue a summons to him.