Crl.M.C.No.2079/2016:

1. The petitioner herein is the accused in Anx.A-1 complaint filed by the 1st respondent complainant before the Chief Judicial Magistrate's Court, Thalassery, alleging offence under Sec.138 of the Negotiable Instruments Act. The gist of the complaint is that the accused had issued a cheque dated 1.12.2012 for Rs.5 lakhs drawn on Vijaya Bank, H.D. Kote Branch, Karnataka, in favour of the complainant. The cheque was presented by the complainant before the North Malabar Gramin Bank, Chakkarakkallu branch, Kannur district, and upon its dishonour and adherence to the statutory formalities of notice, etc., the complainant had preferred the instant complaint, which was taken on file as S.T.No.42/2012 by the learned Magistrate. The said complaint was filed before the Chief Judicial Magistrate's Court, Thalassery, in the light of the legal position settled earlier by the Apex Court in K.Bhaskaran v. Sankaran Vaidhyan Balan, reported in 1999 (7) SCC 510, regarding the territorial jurisdiction of criminal courts for entertaining of complaints filed under Sec.138 of the N.I.Act. Later, by judgment dated 1.8.2014, the Apex Court in the case Dashrath Rupsingh Rathod v.