K.RAMAKRISHNAN
T. S. Suresh – Appellant
Versus
P. M. Manzoor – Respondent
K.Ramakrishnan, J.—Complainant in CC.No.572/2013 on the file of Judicial First Class Magistrate Court-I, Kochi, is the revision petitioner herein.
2. The revision petitioner herein filed a complaint under section 138 of the Negotiable Instruments Act (herein after called the Act) before the Judicial First Class Magistrate Court-I, Kochi, against the first respondent herein alleging offences under section 138 of the Act, on the basis of a cheque given by the first respondent drawn on Federal Bank, Thenhipalam branch, Kozhikode in favour of the complainant on the basis of a law prevailing at that time and on the basis of the decision of the Apex Court, the case was taken on file by the Judicial First Class Magistrate Court-I, Kochi. Thereafter, on the basis of the decision of the Apex Court in Dashrath Rupsingh Rathod V. State of Maharashtra and Another, 2014 (3) KHC 362: 2014 (3) CCC 164 (SC): 2014(4) Crimes 380(SC), wherein the Supreme Court has held that the court within whose jurisdiction the drawee bank is situated alone will get jurisdiction to entertain a complaint under section 138 of the Act and also directed the Magistrate to return the complaint if evidence is not take
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