K SREEDHARA PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) 1. The petitioner is the accused in a prosecution under Sec.138 of the N.I. Act. Cognizance has not been taken. The matter is pending before the learned Magistrate. There is an application to condone the delay in filing the complaint also.

(2.) According to the petitioner, the learned Judicial Magistrate of the First Class-II, Kochi, has no jurisdictional competence to deal with the matter inasmuch as the allegations, if accepted in toto, can give rise to a cause of action only before the Judicial Magistrate of the First Class-II, Haripad, and the learned Magistrate of the First Class-II, Kochi, has no territorial jurisdiction in the matter.

(3.) According to the petitioner, he had raised the contention in M.P.No.1153/07. He had requested that inasmuch as the learned Judicial Magistrate of the First Class- II, Kochi, lacks territorial jurisdiction, the complaint may be returned to the petitioner for presentation before the appropriate court. That petition, a copy of which is produced as Annexure-A3, has not been considered by the learned Magistrate so far. The learned Magistrate is proceeding to assume the jurisdiction without considering that question.