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2022 Supreme(Ker) 694

A. BADHARUDEEN
Nishad Mathew, S/o. K. T. Mathew – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent


Advocates Appeared:
For the Revision Petitioner: Sojan Micheal.
For the Respondent: K.S. Sumeesh, C.K. Anwar, Sri. T.R. Renjith, Sr. Public Prosecutor.

ORDER :

1. In this revision petition filed under Sections 397 and 401 of Cr.P.C., the revision petitioner, who is the accused in C.C.No.154 of 2016 on the file of the Judicial First Class Magistrate Court (N.I.Act cases), Ernakulam dated 03.12.2019 is put under challenge. The respondents herein are the State of Kerala as well as the original complainant.

2. Heard the learned counsel for the revision petitioner as well as the respondents.

3. I would like to refer the parties in this case as complainant and accused for easy reference.

4. It is argued by the learned counsel for the accused/revision petitioner that the Judicial First Class Magistrate Court (N.I.Act cases), Ernakulam (hereinafter will be referred as N.I. Court, Ernakulam for convenience) has no territorial jurisdiction to try the case and when the said contention was raised before the N.I. Court, Ernakulam, the learned Magistrate transferred the case to Judicial First Class Magistrate Court, Kalamassery (hereinafter will be referred as JFMC, Kalamassery for convenience) on the finding that N.I. Court, Ernakulam had no jurisdiction to entertain the complaint. The said finding is perfectly in order and the Additional Sessions

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