JOHNSON THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in S.T.No.758/2006 pending before Judicial First Class Magistrate Court No -II - (Mobile), Kottayam to transfer the case to Judicial First Class Magistrate Court, Adoor under Section 407 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is accused in S.T.No.758/2006, on the file of the Judicial First Class Magistrate Court, No -II - (Mobile), Kottayam. The case was taken on file on the basis of a private complaint filed by the second respondent alleging offences under Section 138 of Negotiable Instruments Act. It was originally filed before the Chief Judicial Magistrate Court, Kottayam and after taking cognizance, it was made over to Judicial First Class Magistrate Court -II - (Mobile), Kottayam for disposal where it was renumbered as S.T.No.758/2006. According to the petitioner, none of the transaction had taken place within the jurisdiction of Kottayam Division and the Chitty transaction had taken place even going by allegations in the complaint at Adoor, cheque was issued by the accused in the bank at Adoor and it was presented by the complainant for collection in a bank at Adoor and it was dishonoured from there and the complainant had issued notice through an advocate at Kottayam and it is thereafter, on that basis, the complaint was filed at Kottayam. According to the petitioner, that alone is not sufficient to get the territorial jurisdiction for the complainant to file complaint before the court in Kottayam. He filed Crl.M.P.884/07 before the Judicial First Class Magistrate Court, No -II - (Mobile), Kottayam) challenging the jurisdiction to entertain the complaint but the learned magistrate dismissed the application by Annexure II order stating that since the case was made over to that court by orders of the Chief Judicial Magistrate and that court not vested with any fixed jurisdiction, that court is not competent to decide that question and dismissed the application on the ground that since the case has been made over to that court by the orders of the Chief Judicial Magistrate, the magistrate cannot neither dismiss the complaint nor return the complaint for presentation before proper court. Aggrieved by the same, the petitioner has filed this petition seeking transfer of the case to Judicial First Class Magistrate Court, Adoor before this court invoking the power under Section 407 of Code of Criminal Procedure seeking the following relief:

(3.) THOUGH notice was served on the second respondent, they remained absent.