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A.K.BASHEER
Harihara Puthra Sharma – Appellant
Versus
State of Kerala – Respondent


Advocates:
Counsel :
Johnson Gomaz for Petitioner
C. P. Saji (PP) & Philip Mathew for Respondents

ORDER

An interesting question touching upon the territorial jurisdiction of a criminal court to entertain a complaint under the Negotiable Instruments Act, has come up for consideration in this petition filed under Section 428 of the Code of Criminal Procedure.

2. The question is: Does a criminal court get jurisdiction to entertain a complaint under Section 142 of the Negotiable Instruments Act for the sole reason that the statutory notice demanding payment had been issued by the Advocate of the complainant who has his office within the territorial limits of that court?

3. Relevant facts may be briefly noticed.

4. The petitioner is being prosecuted for an offence punishable under Section 138 of the Negotiable Instruments Act before the Chief Judicial Magistrate's Court, Pathanamthitta. In Annexure A complaint filed by respondent No.2/complainant, it is averred that the cheque for a sum of Rs.98,000/- issued by the petitioner/accused was dishonoured when it was presented for collection. Though a statutory notice was issued on behalf of the complainant, intimating dishonour and demanding payment, the accused had failed to discharge the liability. In the nature of the short question t





























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