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TMI Blog2012 (3) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... Bangalore on the premise that the cheque was presented for collection at Bangalore and notice was issued at Bangalore. 4. The learned Senior counsel for petitioner relying on various judgments of Supreme Court and the provisions of sections 177 and 179 Cr.P.C. would submit that complaint can he instituted at a place where one of the acts is committed. 5. A complaint can be initiated under Section 138 of Negotiable Instruments Act and the procedure for trial of the case falls under Section 143 of N.I. Act, which reads thus: 143. Power of Court to try cases summarily -(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (1973 of 1974), all offences under this Chapter shall be tried by a Judicial Magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel appearing for petitioner, relying on the judgments of the Supreme Court, reported in AIR 1999 SC 3762 (in the case of K. Bhaskaran v. Sankaran Vaidhyan Baton another) and AIR 2009 SC 1355 (in the case of Smt. Shamshad Begum v. B. Mohammed) would submit that an offence under section 138 of Negotiable Instruments Act can be completed with concatenation of number of acts, such as being (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 uniting 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. 7. The learned senior counsel for petitioner wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust also be borne in mind between the ingredient of an offence and commission of a part of the offence. While issuance of a notice by the holder of a negotiable instrument is necessary, service thereof is also imperative, Only on a service of such notice and failure on the part of the accused to pay the demanded amount within a period of 15 days thereafter, commission of an offence completes. Giving of notice, therefore, cannot have any precedent over the service. It is only from that view of the matter in Dalmia Cement (Bharat) Ltd. v. Galaxy Traders Agencies Ltd., [(2001) 6 SCC 463] emphasis has been laid on service of notice. 25. We cannot, as things stand today, be oblivious of the fact that a banking institution holding several ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment of this court in Cri. P. No. 4338/2009 dated 03.09.2009 and Crl. P. No. 4183/2009 dated 29.10.2009. 13. In Crl. P. No. 4338/2009, this court has held: 4. Complainant's address also discloses that, the complaint is having offices at Bangalore. Bombay and other places. The sworn statement of the authorised person of the complainant Company is also found, Considering the act of presenting the cheque for encashment, legal notice and the office of the complainant being at Bangalore, I do not find that there is any justification in the ground urged by the petitioner. As far as the decision of the Apex Court is concerned, the Supreme Court has stated that, in case the offence is committed at different places, any one could be cho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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