Dr K Mahesh Menon v. Hatis Core Engineering Technologies Pvt Ltd
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 Crl.MC.No. 1385 of 2015 () --------------------------- IN CRRP 71/2014 of D.C. & SESSIONS COURT,THRISSUR IN CC 1462/2014 of J.M.F.C.-I,THRISSUR PETITIONER(S)/REVISION PETITIONER/COMPLAINANT: ------------------------------------------------------------------------------------------ DR K MAHESH MENON AGED 39 YEARS S/O.T.A.RADHAKRISHNA MENON, MALIKAPARAMBIL HOUSE ANNAMANADA DESOM KALLOOR THEKKUMURI VILLAGE MUKUNDAPURAM TLAUK, THRISSUR DISTRICT - 680 741. BY ADVS.SRI.N.M.MADHU SRI.P.P.HARRIS SMT.C.S.RAJANI RESPONDENT(S)/RESPONDENT/ACCUSED:
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1. HATIS CORE ENGINEERING TECHNOLOGIES PVT LTD REPRESENTED BY ITS DIRECTOR MR.SATCHIDANANDA TRIPATHY 105, ROMA CROSS WINDS, BROOKE FILED KUNDALAHALLI, MARATHAHALLI, MARATHAHALLI P.O. BANGALORE - 560 037, KARNATAKA STATE
2. MR.SATCHIDANANDA TRIPATHY, S/O.INDRAMANI TRIPATHI RESIDING AT P4, ROMA CROSS WINDS, BROOKE FIELD KUNDALAHALLI, MARATHAHALLI P.O., BANGALORE - 560 037 KARANATAKA STATE
3. STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R3 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1385 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A- TRUE COPY OF THE COMPLAINT IN C.C.NO.1462/2014 ON THE FILES OF THE JUDICIAL FIRT CLASS MAGISTRATE COURT -1, THRISSUR ANNEXURE B- PHOTOCPY OF THQ ORDER DATED 10.11.2014 IN C.C.NO.1462/2014 ANNEXURE C- CERTIFIED COPY OF THE ORDER DATED 27.1.2015 IN CRL R.P. NO.71/2014 RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab
P.UBAID, J.
------------------------- Crl. M.C No.1385 of 2015 --------------------------------------- Dated this the 10th day of March, 2015.
O R D E R
The petitioner herein is the complainant in a prosecution brought under Section 138 of the Negotiable Instruments Act. His complaint was returned by the learned Judicial First Class Magistrate Court - I, Thrissur on the ground of territorial jurisdiction, in view of the position recently settled by the Hon'ble Supreme Court. His contention is that the cheque in question is an 'at par' cheque which can be presented in any branch of the Bank, and so the cheque can be presented at any place where dishonour is intimated. The learned counsel for the petitioner submits that for the time being, he would not like to make submissions on this issue. However he will be satisfied, if he is given some reasonable time to represent the complaint in the appropriate court. The complaint was returned by the court below on 10.11.2014.
The period of 30 days has now expired. He came before this court on the bonafide belief that he will get orders in his favour on the ground that the cheque is an 'at par' cheque.
Crl. M.C No.1385 of 2015 court. The learned counsel submits that he would like to withdraw the proceeding with liberty to represent the complaint in the proper court within a reasonable time granted by this court.
The submissions made by the learned counsel are accepted and recorded, and accordingly this Crl.M.C is closed as withdrawn, however granting time to the petitioner till 21.3.2015 to represent the complaint in the proper court having territorial jurisdiction.
P.UBAID, JUDGE sab