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1995 Supreme(Ker) 326

N.DHINAKAR
Anjillath Mohammed Kunhi – Appellant
Versus
K. K. Abdul Kajeed – Respondent


Judgment :-

As the points to be considered in all the above M.Cs. are one and the same the above Crl.M.Cs. are disposed of by a common order.

2. Petitioner in all the above M.Cs. questions the jurisdiction of the Judicial First Class Magistrate II, Kannur, to entertain a complaint laid for an offence under section 138 of the Negotiable Instruments Act stating that the cheques in question were issued by the accused in the above C.Cs. within the jurisdiction of the Judicial First Class Magistrate, Kasargode and the complaints ought to have been filed before the said Magistrate. According to the petitioner, the cheques in question were issued by him within the jurisdiction of Kasaragode and the Judicial First Class Magistrate II, Kannur, will not get jurisdiction to entertain the complaints merely because the cheques were later presented by the respective complainants with their bankers at Kannur.

3. I am not able to agree with the contention of the learned counsel appearing for the petitioner. In Muraleedharan v. Pareed, (1992) 1 Ker LT 59 : (1992 Cri LJ 1965), a leaarned Single Judge of this Court held that the cause of action arises at the place where the cheque was issued or deliv







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