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Andhra High Court · body

2008 DIGILAW 118 (AP)

Basipaka Ratna Bhushariam v. Manda Dayavathi

2008-02-14

G.V.SEETHAPATHY

body2008
ORDER This petition is filed under Section 482 Cr.P.C., seeking to quash further proceedings against the petitioner/accused in C.C.No. 470 of 2007, on the file of the Judicial Magistrate of the First Class, Bhadrachalam (originally C.C.No. 225 of 2004, on the file of the Additional Judicial Magistrate of the First Class, Kothagudem Camp at Bhadrachalam). 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the second respondent-State. Records are perused. 3. The first respondent herein filed a complaint against the petitioner/accused before the Sub-Divisional Magistrate, Bhadrachalam alleging offences under Sections 138 and 142 of the Negotiable Instruments Act (for short 'the Act'). The learned Sub-Divisional Magistrate has taken cognizance of the same and issued process against the petitioner. 4. As per Section 142( c) of the Act, no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under Section 138 of the Act. 5. It is not disputed that by the date of the alleged offence and by the date of filing of the complaint, the learned Sub-Divisional Magistrate, Bhadrachalam is not conferred with the powers of a Judicial Magistrate of the First Class. Taking cognizance by the learned Sub-Divisional MagistratG, Bhadrachalam is, therefore, bad in law for want of competence and jurisdiction. Further proceedings in pursuance of C.C. No. 470 of 2007, on the file c f the Judicial Magistrate of the First Class, Bhadrachalam are, therefore, not sustainable, as the very taking of cognizance at the inception itself is unsustainable. The fact that subsequently the proceedings were transferred to the file of Additional Judicial Magistrate of the First Class, Kothagudem is of no consequence and does not cure the defect that has initially crept in while taking cognizance. Hence, the entire proceedings in C.C. No. 470 of 2007, on the file of the Judicial Magistrate of the First Class, Bhadrachalam, are, therefore, liable to be quashed and they are accordingly quashed, by invoking the jurisdiction under Section 482 Cr.P.C. 6. In the result, the criminal petition is allowed.