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2010 Supreme(Ker) 919

PIUS C.KURIAKOSE, P.S.GOPINATHAN
Thressiamma – Appellant
Versus
State of Kerala – Respondent


ORDER

P.S. Gopinathan, J.

1. Petitioner in Crl.M.C.551 of 2008 residing at Thiruvananthapuram, is alleged to have owed a sum of Rs.66,500/- to the second respondent who is having registered office at Mumbai and branch office at Kochi. In discharge of that liability, a cheque dated 13.3.2006 drawn on Post Office Savings Bank, Thiruvanathapuram was issued. When presented for collection it was returned dishonoured for insufficiency of funds. The second respondent, through a lawyer at Pathanamthitta, caused a notice demanding discharge of the liability. But the liability was not discharged. With these allegations and stating that the second respondent had caused the lawyer notice from Pathanamthitta within the territorial limits of the Chief Judicial Magistrate, Pathanamthitta, Annexure-1 complaint under Ss.138 and 142 of the Negotiable Instruments Act was preferred before the Chief Judicial Magistrate, Pathanamthitta. The learned Magistrate took cognizance and issued process.

2. Alleging that the Chief Judicial Magistrate, Pathanamthitta would not get jurisdiction to entertain the complaint for the sole reason that notice was caused from Pathanamthitta by the lawyer residing within the l








































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