JUDGMENT

Dated this the 21st day of August, 2023 This writ petition is at the instance of accused Nos.1 and 3 in C.C.No.290/2022 on the files of the Judicial First Class Magistrate Court – 1, Chengannur.

2. The respondents herein are the complainant as well as accused Nos.2 and 4, in the above case.

3. The writ petitioners seek the following reliefs:

i. Quashing all proceedings in C.C 290 /2022 on the file of Judicial First-Class Magistrate Court, Chengannur which lacks jurisdiction to entertain Exhibit-P3, Complaint.

ii. Declare that the jurisdiction to entertain the Complaint under Sec. 138 of the Negotiable Instruments Act, 1881 is a Special Jurisdiction conferred by Sec. 142 of the NI Act, Notwithstanding anything contained in Criminal Procedure Code, must be strictly construed and only the Court Specified in Sec. 142(2) alone shall have the jurisdiction to entertain the complaint.

iii. Declare that the dispute between the Complainant, Writ petitioners and Respondents 2 & 3 are Civil Disputes arising out of Exhibit-P2, agreement for Specific Performance of Construction of Commercial Building in immovable property and the delay in performing the act agreed will only entail the civil