P V SREEKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner had filed a complaint before the learned Additional Chief Judicial Magistrate, Thalassery complaining about an offence under Section 138 of the N.I Act committed by the 2nd respondent/accused. The said complaint was returned to the petitioner/complainant by the learned Magistrate under Section 201 Cr.P.C by the impugned order dated 20.02.2007. Such return was made on the ground that no part of the cause of action has taken place within the jurisdiction of the court.

(2.) The petitioner complains that the drawee bank is situated within the territorial jurisdiction of the Additional Chief Judicial Magistrate and, in these circumstances, the return under Section 201 Cr.P.C is totally unjustified.

(3.) Remarks of the learned Magistrate were called for. The learned Magistrate in the remarks submitted that overlooking the fact that the bank, which has returned the cheque dishonoured and unpaid, is situated within the jurisdiction of the learned Additional Chief Judicial Magistrate, the order under Section 201 Cr.P.C was passed. The mistake is realised and the report shows that the court is satisfied now that it has jurisdiction to deal with the matter.