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2005 Supreme(Ker) 197

CYRIAC JOSEPH, K.K.DENESAN
UBC – Appellant
Versus
M. R. Govarthanam – Respondent


Judgment :-

Denesan, J.

Would it be proper for this Court to entertain writ petitions to quash the proceedings of a subordinate Court under the superintendence of another High Court? This question has come up for consideration in the background of the following facts.

2. Appellants are accused in Calendar Case No.388 of 2002 on the file of the Court of the Judicial First Class Magistrate-II, Erode in the State of Tamil Nadu and the respondent is the complainant in that case. Learned Magistrate took cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act. First accused is a partnership firm having its office at Ernakulam in the State of Kerala. Other accused are residents of Ernakulam. They filed W.P.(C).No.19816 of 2004 before this Court under Article 226 o the Constitution of India to quash the complaint in the above calendar case. Writ Petitioners contended that the allegations made in the complaint are false, the entire episode had taken place at Ernakulam in Kerala State and therefore the complaint filed before the Court at Erode was liable to be quashed. According to the appellants, what exactly happened was that a gang of persons accompanied by














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