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K.P.BALANARAYANA MARAR
P. K. Muraleedharan – Appellant
Versus
C. K. Pareed – Respondent


Advocates:
Counsels for the parties:
For the Petitioner: Alexander Joseph.

ORDER

K. P. Balanarayana Marar, J. - Revision is directed against the order of Judicial Magistrate of First Class. Mannarkkad finding that the court has jurisdiction to try the offence alleged against revision petitioner.

2. A cheque is alleged to have been issued by revision petitioner to first respondent towards amount due to him. On presentation the cheque was dishonoured by the bank. First respondent issued notice and demanded the money but the amount was not paid inspite of that notice and that resulted in the complaint under Section 138 of the Negotiable Instruments Act (hereafter referred as Act) before the Judicial Magistrate of First Class, Mannarkkad.

3. Revision petitioner questioned the maintainability of the complaint before that court for the reason that the cheque was issued at Thodupuzha, outside the jurisdiction of the Mannarkkad Court and that the Mannarkkad Court has no territorial jurisdiction.

The Court below by order dated 28.9.1991 repelled the contentions of revision petitioner and held that it has jurisdiction. Hence the revision.

4. Sections 138 to 142 of the Negotiable Instruments Act (Act 26 of 1981) were introduced by Section 4 of the Banking, Public Fina







































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