JOSE JOSEPH Vs. SYNDICATE BANK SREEKANDAPURAM BRANCH

JUDGEMENT

(1.) At the time when the appeal came up for admission the maintainability of the appeal before this Court was challenged by the learned counsel for the respondent who has entered appearance on receipt of notice in the petition for condensation of delay. It was submitted that the appeal ought to have been filed before the District Court as per the provisions contained in Section 341 of the Code of Criminal Procedure read along with Section 195 Cr. P.C. As the objection relates to the maintainability of the appeal, we have heard the counsel on both sides on that question before considering the question of admissibility of the appeal.

(2.) The order challenged in this appeal is one passed under Section 340 Cr. P.C. directing a complaint to be forwarded to the concerned First Class Magistrate Court. The appellants are aggrieved by the said order and have preferred this appeal under Section 341 Cr. P.C. The appellants have a right of appeal against the order is not in dispute. The only question to be considered is whether the appeal to be preferred under Section 341 Cr. P.C. will lie before this Court or before the District Court, Thalassery.

(3.) Section 341 Cr. P.C. reads thus :