HIGH COURT OF KERALA
R.BASANT, J
KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI – Appellant
Versus
B VIJAYAN – Respondent
O R D E R
The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The prosecution has been initiated before and cognizance has been taken by the learned J.F.C.M, Changanassery. The petitioner complains that the initiation of proceedings before the learned J.F.C.M, Changanassery is an abuse of process of court. No circumstances exist justifying initiation of proceedings before that court. All parties were carrying on their activities at Nedumangad. The complainant has later shifted his residence to Changanassery. The only circumstance alleged which can confer jurisdiction of the court at Changanassery is that the cheque was presented within the jurisdiction of that court. The learned counsel for the petitioner contends relying on the decision in Ahmedkutty Haji v.State of Kerala [2007(1) KLT 68] and Santhosh Kumar v. Mohanan [2008(3) KLT 461] that the fact that the cheque was presented within the jurisdiction of a court for collection to the collecting bank or that the notice of Tr.P.Crl.No.67/08 2 demand was issued by a counsel there, are not sufficient to confer jurisdiction on such court at a distant place to take cognizance under Sect
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