R. Santhoshkumar vs M/s. Manjoo and Company, Municipal Bus Stand Kannur and State of Kerala

P. Ubaid, J.—Petitioner herein is the accused in S.T.No. 1786/09 pending before the Judicial First Class Magistrate Court-I, Kannur. Cognizance was taken by the court on the basis of a complaint brought by the first respondent herein alleging the offence punishable u/s 138 of the Negotiable Instruments Act. The petitioner had worked for sometime as employee under the complainant in his office at Nedumangad. The case of the complainant is that in discharge of an amount of Rs.50,000/- borrowed by the petitioner, he issued a cheque, and when the complainant presented the cheque for collection in the Punjab National Bank, Kannur, it was bounced due to insufficiency of funds. The complainant filed a complaint before the court at Kannur on the allegation that part of the cause of action arose within the jurisdiction of the court at Kannur. But, the case of the petitioner is otherwise, that no part of the cause of action arose within the jurisdiction of the said court, and that the right court to try the offence is the court of the learned Magistrate at Nedumangad.

This is not a case where the complaint does not disclose a cause of action. Dispute is only whether cause of action for the prosecution u/s 138 of the Negotiable Instruments Act arose within the jurisdiction of the court at Kannur, or within the jurisdiction of the court at Nedumangad. On the question of jurisdiction, the accused now seeks an order u/s 482 Cr.P.C., quashing the complaint itself.

A complaint can be quashed u/s 482 Cr.P.C. only when the said complaint does not disclose a cause of action or does not disclose the offence alleged, or the court finds that proceeding on the said complaint would amount to misuse or abuse of legal or judicial process. It was submitted that the petitioner is ready to face prosecution before the right court. Simply on the ground that the present court has no territorial jurisdiction, the complaint as such cannot be quashed. The accused will have to tell the court and convince the court that the right court to try him, is the court at Nedumangad. Once he convinces the learned Magistrate at Kannur that the right forum to try the offence is the court of the learned Magistrate at Nedumangad, the learned Magistrate at Kannur will follow the proper procedure under law. What the petitioner seeks here is not transfer of the case on the ground of jurisdiction. Of course, he will have to tell the present court that the said court will not have jurisdiction, and make a request for the proper procedure under law.

In the result, this petition is dismissed without prejudice to the right of the petitioner to pursue appropriate remedy in the court where the proceeding is pending.