K K PONNAPPAN Vs. SIBI C J

JUDGEMENT

(1.) This petition is filed by the accused in S.T. 1500/94 on the file of the Judicial First Class Magistrates Court, Vaikom to quash Annexure - I complaint pending before that Court under S.482 of the Crl. P.C.

(2.) Annexure - I complaint is filed by the respondent before the Judicial First Class Magistrates Court, Vaikom alleging offence punishable under S.138 of the Negotiable Instruments Act against the petitioner and the learned Magistrate has registered S.T. No. 1500/94 against the petitioner after taking cognizance of the offence punishable under S.138 of the Negotiable Instruments Act and issued summons to the petitioner. At that juncture the petitioner has filed this petition before this Court to quash the complaint mainly on the ground that the Judicial First Class Magistrates Court, Vaikom has no jurisdiction since no cause of action arose within the jurisdiction of that Court.

(3.) The petitioner has contended that the transaction between the petitioner and the respondent as alleged in the complaint was from the residence of the petitioner at Arangom desom in Alakode Village within the jurisdiction of Judicial First Class Magistrates Court, Taliparamba and therefore, the complaint filed by the respondent before the Judicial First Class Magistrates Court, Vaikom is liable to be quashed since that Court has no jurisdiction to entertain the complaint.