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TMI Blog2019 (5) TMI 1217X X X X Extracts X X X X X X X X Extracts X X X X ..... ng forth the retrospective applicability of Section 142 (2) of the Negotiable Instruments Act, 1881 in terms of Section 142A(1) makes it apparent that in the circumstances of the instant case, the territorial jurisdiction to try the complaint cases under Section 138 of the Negotiable Instruments Act, 1881 in relation to the three cheques issued on behalf of the respondent no.1, the details of which have already been adverted to hereinabove, lies with the concerned Court at Meerut, U.P. Petition allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... came into force on 15.06.2015 with reference to the Clause 3(2) and Clause 4 thereof which are as under: "Clause 3(2) 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. Clause 4 142A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any judgment, decree, order or directions of any court, all cases arising out of section 138 which were pending in any court, whether filed before it, or transferred to it, before the commencement of the Negotiable Instruments (Amendment) Ordinance, 2015 shall be transferred to the court having jurisdiction under sub- section (2) of section 142 as if that sub-section had been in force at all material times. (2) Notwithstanding anything contained in sub-section (2) of sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s officio with the order dated 21.08.2015 having attained finality and could not review its own order. 8. The Revisional Court observed vide para 9 of the impugned order to the effect:- "9. Having heard the arguments of both the parties and taking into consideration the fact that since amendment vide Section 142 A (1), Amendment Act of the Negotiable Instruments (Amendment) Second Ordinance, 7 of 2015, the jurisdiction has been restored to the place where the cheque was presented by the complainant. I have gone through the Negotiable Instruments (Amendment) Ordinance, 2015, the relevant sections 3 and 4 of the Ordinance, 2015 are reproduced verbatim which are as under:- "3. In the principal Act, section 142 shall be numbered as sub section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely;- "(2) 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 pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10.2015 were set aside. 9. The contention raised on behalf of the petitioner herein is to the effect that when the complaint was instituted in June, 2012, the territorial jurisdiction lay with the Court at Delhi in terms of the verdict of the Hon'ble Supreme Court in K. Bhaskaran vs. Sankaran Vaidhyan Balan and Anr. AIR 1999 SC 3762 wherein it was observed to the effect:- "14. The offence under Section 138 of the Act can be completed only with the concatenation of a number of acts. Following are the acts which are components of the said offence: (1) Drawing of the cheque, (2) Presentation of the cheque to the bank, (3) Returning the cheque unpaid by the drawee bank, (4) Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount, (5) failure of the drawer to make payment within 15 days of the receipt of the notice. …. 16. Thus it is clear, if the five different acts were done in five different localities any one of the courts exercising jurisdiction in one of the five local areas can become the place of trial for the offence under Section 138 of the Act. In other words, the complainant can choose any one of those courts ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 35 for a sum of ₹ 13,60,00,000/- and cheque bearing No.556028 for a sum of ₹ 2,25,00,000/-, all drawn on Citi Bank, Delhi for collection but the same were returned unpaid by the paying banker on 03.04.2012 mentioning the reason 'account closed'. The copy of the summary of accounts of the petitioner in relation to the account bearing no. 036805002623 was also placed on record by the petitioner, which shows the account of the petitioner to be maintained at the Base Branch, 612, Ground Floor, Opp. Rani Mill, Delhi Road, Meerut-250002, U.P. and shows the rejection of the three cheques bearing nos. 556029, 556035 and 556028 with the account of the drawer being shown to have been closed. 13. It is apparent thus that the complainant's base branch of its bank is situated at 612, Ground Floor, Opp. Rani Mill, Delhi Road, Meerut250002, U.P. 14. In terms of Section 142 (2)(a) of the Negotiable Instruments Act, 1881 which provides as follows: "If the cheque is delivered for collection through an account, the branch of the bank where the payee or bolder in due course, as the case may be, maintains the account, is situated.", the branch of the Bank where the payee or holder in d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s drawn our attention to the Negotiable Instruments (Amendment) Second Ordinance, 2015 (hereinafter referred to as 'the Ordinance'). A perusal of Section 1(2) thereof reveals, that the Ordinance would be deemed to have come into force with effect from 15.06.2015. It is therefore pointed out to us, that the Negotiable Instruments (Amendment) Second Ordinance, 2015 is in force. Our attention was then invited to Section 3 thereof, whereby, the original Section 142 of the Negotiable Instruments Act, 1881, came to be amended, and also, Section 4 thereof, whereby, Section 142A was inserted into the Negotiable Instruments Act. Sections 3 and 4 of the Negotiable Instruments (Amendment) Second Ordinance, 2015. ……. ……. A perusal of the amended Section 142(2), extracted above, leaves no room for any doubt, specially in view of the explanation thereunder, that with reference to an offence Under Section 138 of the Negotiable Instruments Act, 1881, the place where a cheque is delivered for collection i.e. the branch of the bank of the payee or holder in due course, where the drawee maintains an account, would be determinative of the place of territorial ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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