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2017 Supreme(Ker) 1208

ALEXANDER THOMAS
Sobha Rani S. – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Nair Ajay Krishnan, Sri. R.T. Pradeep, Smt. M. Bindudas
For the Respondent: Sri. Saigi Jacob Palatty

ORDER :

Alexander Thomas, J.

The order under challenge is the one at Anx.A-3 dated 26.5.2016 whereby the complaint in C.C.No.22/2013 filed by the petitioner before the Judicial First Class Magistrate Court-V (Special Court for Marklist Cases), Thiruvananthapuram, has been returned to be filed before the proper court, which has territorial jurisdiction as per Section 142(2) of the Negotiable Instruments Act. The brief facts leading to the said impugned order are as follows:

2. The complaint in question is filed by the petitioner alleging commission of offence punishable under Section 138 of the N.I. Act, in which the 2nd respondent herein has been arrayed as accused. The dishonoured cheque in question is for Rs. 25 lakhs dated 5.7.2012 drawn from the account of the accused maintained in the ICICI Bank, Kunnamkulam Branch. The complaint was initially filed as Crl.M.P. No.4045/2012 before the Chief Judicial Magistrate (CJM) Court, Thiruvananthapuram, on 12.10.2012. The case was taken on file by the CJM as C.C.No.44/2013 on 11.1.2013 as the collection bank of the complainant is Corporation Bank, Vellayambalam, Thiruvananthapuram, which is within the limits of Thiruvananthapuram Museum Pol




























































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