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TMI Blog2017 (7) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... MI 417 - SUPREME COURT) has been nullified and after this amendment a complaint shall be filed by the payee or holder in due course of a cheque in the court of such district where the bank in which his/her account exists is situated and not at the place where the drawer's bank is situated. Thus this transfer application deserves to be allowed. - Transfer Application (Criminal) No. 194 of 2016 - - - Dated:- 5-6-2017 - Hon'ble Mrs. Vijay Lakshmi, J. For the Applicant : Santosh Kumar Mishra, C. P. Singh For the Opposite Party : G.A. ORDER Hon'ble Mrs. Vijay Lakshmi, J. The instant application under Section 407 Cr.P.C. has been filed with prayer to transfer the Complaint Case No. 969 of 2015 (Smt. Dilshad Beg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted those cheques to be credited to her bank account at Bank of Baroda, Banda City Branch, Banda, all the cheques were returned by the bank endorsing funds insufficient . Thereafter, the applicant gave legal notice through her counsel which was deliberately returned by opposite party no. 2. Aggrieved by the conduct of the opposite party no. 2, the applicant filed Complaint Case No. 29/IX/2013 before the A.C.J.M., Banda, which was dismissed on 5.1.2015 on the ground of lack of jurisdiction relying on the law laid down by Hon'ble Supreme Court in Dashrath Rupsingh Rathod Vs. State of Maharashtra; AIR 2014 SC 3519, the copy of the order dated 5.1.2015 has been annexed as annexure - 1 to the affidavit. Thereafter, the applicant filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he circumstances mentioned above also demand the transfer of the aforesaid complaint case from District Jaunpur to District Banda. In so far as the territorial jurisdiction for trial of a case under Section 138 N.I. Act is concerned, in Dashrath Rupsingh Rathod's case (supra), a three judges bench of Hon'ble Apex Court, overruling its earlier judgment passed in K. Bhaskaran Vs. Sankaran Vaidhyan Balan; (1999) 7 SCC 510, laid down the ratio as follows : (i) An offence under Section 138 of the Negotiable Instruments Act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C applies to cases under Section 138 of the Negotiable Instruments Act. Prosecution in such cases can, therefore, be launched against the drawer of the cheque only before the Court within whose jurisdiction the dishonour takes place except in situations where the offence of dishonour of the cheque punishable under Section 138 is committed along with other offences in a single transaction within the meaning of Section 220(1) read with Section 184of the Code of Criminal Procedure or is covered by the provisions of Section 182(1) read with Section 184 and 220 thereof. It appears that the Legislature took notice of the difficulties experienced by the people at large and therefore thought it fit to introduce the amendment by way of Amending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Bridgstone India Pvt. Ltd. Vs. Inderpal Singh; 2016 (2) SCC 75; the Hon'ble Apex Court has held as under :- the judgment rendered by this Court in Dasrath Rupsingh Rathod v. State of Maharashtra and Anr., would not stand in the way of the Appellant, in so far as the territorial jurisdiction for initiating proceedings emerging from the dishonor of the cheque in the present case arises. Since the cheque drawn on the Union Bank of India, Chandigarh, was present for encashment at the IDBI Bank, Indore, which intimated its dishonor to the Appellant on 04.08.2006, the Court is of the view that the Judicial Magistrate, First Class, Indore, would have the territorial jurisdiction to take cognizance of the proceedings initiated by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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