Kalyanikutty v. Gentleman Chitt'S Funds Company(India) Private Limited

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 Tr.P(Crl.).No. 104 of 2014 --------------------------- AGAINST IN ST 2124/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM PETITIONER/ACCUSED:

-------------------- KALYANIKUTTY, AGED 51 YEARS, W/O. SOMAN, KONTHURUTHIYIL, EROOR P.O, THRIPUNITHURA - 682306 BY ADV. SRI.B.RAMACHANDRAN RESPONDENT/COMPLAINANT:

----------------------- GENTLEMAN CHITT'S FUNDS COMPANY(INDIA) PRIVATE LIMITED, HEAD OFFIE, ANAND BAZAR, IST FLOOR, THALAYOLAPARAMBU P.O, RERPESENTED BY ITS MANAGER, ANILKUMAR K.G, AGED 34 YEARS, S/O.GOPI, THATTARUPARAMBIL VEETTIL, EDAVOTTOM P.O, THALAYOLAPRAMBU - 686605 THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(Crl.).No. 104 of 2014 APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE 1: COPY OF THE COMPLAINT DATED 26.5.2014 NUMBERED AS S.T NO.2124/2014 FILED BY THE RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM.

RESPONDENT'S ANNEXURES:

NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- Tr.P (Crl) No.104 of 2014 --------------------------------------- Dated this the 10th day of March, 2015 O R D E R The petitioner herein is the accused in a prosecution brought under Section 138 of the Negotiable Instruments Act before the Judicial First Class Magistrate Court, Vaikom. He seeks transfer of the said case on the ground that the said Court has no territorial jurisdiction in view of the legal position recently settled by the Hon'ble Supreme Court. His case is that the question of jurisdiction was raised before the learned Magistrate, but the learned Magistrate has not taken any decision on the question of jurisdiction. Whether that Court has territorial jurisdiction or not, is in fact a matter to be looked into by that Court.

The proper remedy in such a circumstance, if at all the court has jurisdiction, is not apply for transfer. The petitioner will have to make an application before the learned Magistrate to return the complaint on the ground of jurisdiction.

Tr.P (Crl) No.104 of 2014 appropriate court. In case the petitioner's request is turned down, the petitioner can very well come before this Court and challenge the said order. This Court cannot now decide in this proceeding whether the Court at Vaikom has jurisdiction. The remedy is not transfer the case.

In the result, this Transfer Petition is dismissed without prejudice to the right of the petitioner to make application before the court below for returning the complaint on proper grounds.

P.UBAID JUDGE ab