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TMI Blog2017 (12) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... y the opposite party no. 1 is saved by Section 142-A of the Negotiable Instrument Act. Moreover, learned Additional Chief Judicial Magistrate, Bidhannagar has duly examined the representative of the complainant at the time of issuance of summons. That goes to show that learned Magistrate has duly complied the provision of Section 202 of the Code of Criminal Procedure and being satisfied about the case of the complainant, issued summons against the petitioner and other accused persons. Revision Application dismissed. - CRR No. 2815 of 2016 - - - Dated:- 4-8-2017 - The Hon ble Justice Debi Prosad Dey For the Appellant : Mr.Sudipta Moitra Mr. Debabrata Banerjee Mr. Koushik Bhattacharya ORDER Debi Prosad Dey, J. In spite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rds discharge of their part liability. The said cheques were presented for encashment with Axis Bank at Noida but the cheques were dishonoured with the remarks payment stopped by drawer . Legal notices were duly served upon the petitioner and thereafter a petition of complaint was filed in the Court of Additional Chief Judicial magistrate, District Courts at Noida, Uttar Pradesh. Learned Additional Chief Judicial Magistrate, Goutam Budha Nagar however directed for return of such petition of complaint in terms of the decision of Hon ble Supreme Court (Dasarot Rupra Singh Rathore Vs. State of Maharashtra) and directed the complainant to present the said petition of complaint before appropriate Court having jurisdiction. Thereafter, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In other words, the cheques in the case under reference were drawn on Punjab National Bank, Secotr-III, Salt Lake, Kolkata- 700106 and accordingly, the Courts having jurisdiction in respect of Punjab National Bank, Salt Lake only has had jurisdiction to entertain the application under Section 138 of the Negotiable Instrument Act. In terms of the aforesaid decision, the petition of complaint was returned to the complainant for filing the same in the Court of learned Additional Chief Judicial Magistrate, Bidhannagar. Accordingly, the petition of complaint was filed in the Court of learned Additional Chief Judicial Magistrate, Bidhannagar. Admittedly, the original petition of complaint was filed well within the period of limitation but the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar. In fact the impact of the decision is not available to the petitioner in view of the incorporation of Section 142-A of the Negotiable Instrument Act. It has been observed in the decision of in (2014)14 SCC 638 (Vijay Dhanuka Ors Vs. Najima Mamtaj Ors.) (Supra) that it is mandatory on the part of the Magistrate to hold an inquiry in terms of Section 202 of the Code of Criminal Procedure in case of issuance of summons to the persons residing outside the jurisdiction of the Court learned Magistrate only in order to avoid unnecessary harassment. No mode of such inquiry has been provided either in the Code of Criminal Procedure and no guidance has been given in the decision mentioned herein above with regard to the mode and manner of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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