9911796707
TMI Blog2017 (7) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard learned counsel for the applicant and learned A.G.A. Perused the record. Despite due service of notice as long back as on 22.8.2016, and ample time and opportunity, the opposite party no. 2 neither appeared nor filed counter affidavit. Learned counsel for the applicant has submitted that in view of the amendment in Negotiable Instrument Act in the year 2015, now the court situated at Jaunpur has no jurisdiction, hence the case be transferred to district Banda. Per contra learned A.G.A. has opposed the application by contending that the court at Jaunpur has the jurisdiction to try the aforesaid complaint case. Considered the rival submissions advanced by learned counsel for the parties. Some relevant facts, in brief, as per the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed there upon by the learned Magistrate has been annexed with the affidavit as annexures - 2 and 2-A respectively. However, the opposite party no. 2 did not appear before the Magistrate despite the issuance of non bailable warrant against him. Learned counsel for the applicant has drawn the attention of this Court to the certified copy of the order-sheet of the aforesaid complaint case, which has been annexed as annexure - 3 to the affidavit showing that the aforesaid complaint case is pending for appearance of opposite party no. 2 and non bailable warrant has been issued against him. Learned counsel has submitted that the applicant being an old lady aged about 63 years, with liability of 3 unmarried daughters, is not in a position to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a period of one month from the date the cause of action accrues to such payee or holder under clause (c) of proviso to Section 138. (iii) The cause of action to file a complaint accrues to complainant/payee/ holder of a cheque in due course if (a) the dishonoured cheque is presented to the drawee bank within a period of six months from the date of its issue. (b) If the complainant has demanded payment of cheque amount within thirty days of receipt of information by him from the bank regarding the dishonour of the cheque and (c) If the drawer has failed to pay the cheque amount within fifteen days of receipt of such notice. (iv) The facts constituting cause of action do not constitute the ingredients of the offence under Section 138 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The offence under section 138 shall be inquired into and tried only by a court within whose local jurisdiction,-- (a) if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or (b) if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated." Before the amendment, the complainants had to face double jeopardy in as much as firstly, they could not recover the legitimate money and secondly in order to file a complaint, they had to suffer the agony and pain of going to the jurisdictional cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ention that though I am going to allow this application without hearing the opposite party no. 2 but in wake of the clear statutory bar regarding maintainability of complaint case at Jaunpur District, even his appearance and counter affidavit would not have made any difference. Moreover the conduct of the opposite party no. 2 shows that he has already been successful in causing inordinate delay in disposal of the complaint case by avoiding to appear before the Magistrate's Court, despite issuance of even non bailable warrant against him. Considering the miserable condition of the applicant and the conduct of opposite party no. 2, it does not appear expedient in the interest of justice to keep this matter further pending. In view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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