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2018 Supreme(Ker) 1557

MARY JOSEPH
Abdul Azeez P. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant :Babu S. Nair, Advocate.
For the Respondent:Udayakumar K.B., Advocate.

ORDER :

Mary Joseph, J.

Petition filed under Section 482 Cr.P.C., 1973.

2. In this petition, the complainant seeks to quash the order passed by the Judicial First Class Magistrate's Court-Il (Forest Offences), Manjeri (for short, "the court below") in a complaint filed by him and numbered as ST Case No. 133/2014 by which the complaint lodged by him was returned for presentation before the proper court within a period of one month from the date of return for the reason that, the court has no jurisdiction to try the same in view of the dictum rendered by the apex court in Dashrath Rupsingh Rathod v. State of Maharashtra & another [2014 (3) R.C.R. (Criminal) 904 : (2014) 9 SCC 129].

3. The complaint was lodged by the complainant, the petitioner herein before the court below seeking to prosecute the accused for an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act'). The complaint was taken cognizance of by the court below and numbered as ST Case No. 133/2014. The allegation in the complaint was that the cheque for a sum of Rs. 1,25,000/- drawn on Cudallur Branch of IDBI Bank and issued by the accused to the complainant in discharge of a l

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