9911796707
TMI Blog2021 (11) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... , whereby it was held that the territorial jurisdiction for filing of cheque dishonour complaint is restricted to the court within whose territorial jurisdiction the offence is committed i.e., which is the location where the cheque is dishonoured or returned unpaid by the bank on which it is drawn. Coming to the instant case, though the cheques which are subject matter of the complaint before the trial Magistrate, are drawn on Jammu Kashmir Bank Limited Hard Aboora Baramulla yet the complainant has clearly stated that when these cheques were presented with his banker i.e., J K Bank Ltd. Branch Unit Zainakote Srinagar, the same were dishonoured. Thus, the cause of action for filing the complaint in the instant case has also arisen withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on as the bank on which the petitioner is alleged to have issued the cheques, which are subject matter of the complaint, is located in Hardu Aboora Baramulla, a place outside the jurisdiction of the learned Magistrate and the other ground urged by the petitioner is that the legal notice of demand has not been served upon the petitioner but the learned Magistrate without taking note of this fact has issued process against the petitioner. 3. According to learned counsel for the petitioner it is only the place where cause of action arises in terms of Section 142 of the Act read with Section 177 of Cr. P. C that the complaint can be filed. It is contended that since the drawee bank in this case is located in Baramulla District, as such, Judi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d or returned unpaid by the bank on which it is drawn but it is also the court within whose jurisdiction the cheque is presented for payment by the payer through his account, would have jurisdiction to entertain the complaint and take cognizance of the offence. 6. Sub-section(2) of Section 142 of the Act alongwith its explanation has been inserted in the Act by Amendment Act 26 of 2015 with effect from 15th of June 2015. This provision has modified the law as laid down in Dashrath Rupsing Rathod s case (supra), whereby it was held that the territorial jurisdiction for filing of cheque dishonour complaint is restricted to the court within whose territorial jurisdiction the offence is committed i.e., which is the location where the cheque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner the complaint has been filed by the respondent without serving a legal notice of demand upon him. 9. A perusal of the complaint, a copy whereof has been placed on record by the petitioner, shows that the complainant has specifically pleaded that a legal notice of demand dated 1st February 2018 was issued by him and the same was served upon the petitioner on 02-02-2018. The complainant has also averred that he has placed on record photocopies of the postal receipts. It has been vehemently contended by the petitioner that it is impossible that a legal notice posted on 1st February 2018 could have been served upon the petitioner on the very next day i.e., on 02.02.2018. 10. In the present times when the postal authorities resor ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
