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TMI Blog2020 (2) TMI 899X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 138 of the Negotiable Instruments Act. Thereafter, an amendment in Section 142 of Negotiable Instruments Act was incorporated and Section 142-A of Negotiable Instruments Act - From the perusal of amended Section 142(2) of Negotiable Instruments Act, it is clear that the place where a cheque was delivered through an account, the Court having local jurisdiction over such area shall also have the territorial jurisdiction to entertain the complaint. Thus, in view of the amended provisions of Section 142 of Negotiable Instruments Act, the complaint filed by the applicant before the Court of Judicial Magistrate First Class, Lahar, District Bhind is within the territorial jurisdiction of the said Court - the order passed by Judici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was presented has no territorial jurisdiction to entertain the complaint under Section 138 of the Negotiable Instruments Act. Thereafter, an amendment in Section 142 of Negotiable Instruments Act was incorporated and Section 142-A of Negotiable Instruments Act was inserted which reads as under:- 142. Cognizance of offences.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a) no Court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sented for payment within the territorial jurisdiction of that court. (3) If, on the date of the commencement of the Negotiable Instruments (Amendment) Act, 2015, more than one prosecution filed by the same payee or holder in due course, as the case may be, against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordinance, 2015 (Ord. 6 of 2015), before which the first case was filed and is pending, as if that sub-section had been in force at all material times. 5. From the perusal of amended S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered by this Court in Dashrath Rupsingh Rathod case would also not non-suit the appellant for the relief claimed. 15. We are in complete agreement with the contention advanced at the hands of the learned counsel for the appellant. We are satisfied, that Section 142(2)(a), amended through the Negotiable Instruments (Amendment) Second Ordinance, 2015, vests jurisdiction for initiating proceedings for the offence under Section 138 of the Negotiable Instruments Act, inter alia, in the territorial jurisdiction of the court, where the cheque is delivered for collection (through an account of the branch of the bank where the payee or holder in due course maintains an account). We are also satisfied, based on Section 142-A(1) to the effect, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inal Appeal No. 1562 of 2015 [arising out of SLP (Crl.) No. 9758 of 2011], Criminal Appeal No. 1563 of 2015 [arising out of SLP (Crl.) No. 10019 of 2011] and Criminal Appeal No. 1564 of 2015 [arising out of SLP (Crl.) No. 10020 of 2011] 7. Accordingly, it is held that in view of the amended provisions of Section 142 of Negotiable Instruments Act, the complaint filed by the applicant before the Court of Judicial Magistrate First Class, Lahar, District Bhind is within the territorial jurisdiction of the said Court. 8. Accordingly, the order dated 10.11.2014 passed by Judicial Magistrate First Class, Lahar, District Bhind in Criminal Case No.397/2009 is hereby set aside. The Trial Court is directed to restart the proceedings after giv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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