J.B. Koshy and K. Padmanabhan Nair, JJ. - An important question of law regarding jurisdiction of this Court was referred to the Division Bench by a learned Single Judge (Justice N.Krishnan Nair) after noticing contrary views expressed by this Court in Sreethara Kamath v. Jawala Prasad Guptha, 1970 KIT 45 and Chellappan v. Chandulal, 1980 KIT 411 on one side and J.C. Augustine v. Omprakash Nanakram, 2001(2) KU 57 on the other side. The common question arising for consideration in these cases is whether this Court can quash a criminal complaint pending in a Court outside the Kerala State in a petition filed under Section 482 of the Code of Criminal Procedure?

2. As far as the facts of these cases are concerned, petitioner is the partner of a firm named "Online Instruments" functioning in Kochi. Various complaints were filed before the Additional Chief Metropolitan Magistrate's Court, Mumbai under Section 138 read with Sections 141 and 142 of the Negotiable Instruments Act against the petitioner, the firm `Online Instruments' and some of the partners of the firm. It's the case of the petitioner that the Additional Chief Metropolitan Magistrate has no jurisdiction to deal with