“CR”

1. The revision petitioner prosecuted the first respondent before the Addl.Chief Judicial Magistrate, Ernakulam in C.C.No.184/03 filed on 16.9.02, alleging offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate took cognizance and issued process to the first respondent. On appearance, he pleaded not guilty and it was adjourned from time to time. On 30.11.2007, the revision petitioner filed chief affidavit and for cross-examination it was posted to 16.1.2008. Then it was adjourned to 12.2.2008, then to 31.3.2008, again to 23.4.2008. On 23.4.2008, the learned Magistrate addressed the Chief Judicial Magistrate to transfer the case to the file of the Judicial Magistrate of the First Class-V. It appears that the case was made over to Judicial Magistrate of the First Class-V, Ernakulam under Section 410 Cr.P.C. Thereafter, the learned Magistrate adjourned the case on various occasions. On 3.12.2008, the learned Magistrate noted that in the light of the decision reported in Santhosh Kumar v. Mohanan (2008 (3) K.L.T. 461), he has no jurisdiction to try the case. Consequently, by order dated 3.12.08, the complaint was ordered to be returned to th