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TMI Blog2022 (7) TMI 1169X X X X Extracts X X X X X X X X Extracts X X X X ..... the case? - HELD THAT:- In the present case, as it appears from Annexure-1 series, the alleged cheque stated to have been presented at Vishakhapatnam, if at all the averments therein are to be believed and accepted at its face value. If such is the case, then OP No. 1 can be said to have rightly filed the complaint at Vishakhapatnam where his banker is situated. The transactions might have taken place in Orissa and for that, civil litigations could have been brought before any court situated at such places where a part of cause of action arose but for the purpose of a criminal action under Section 138 of the N.I. Act, in view of Section 142(2), it has to be at a place where the cheque was presented and dishonoured. In the instant case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te fixed on 22nd February, 2013 and to submit evidence and answer the charge which is based on vague and false allegations made at the instance of OP No. 1. According to the petitioner, his wife rather was served with the legal notice dated 16th August, 2012 demanding payment in relation to alleged sale transaction and thereafter, notice (Annexure-2) was received for her appearance in the complaint case. The details of the transactions have been narrated by the petitioner denying the liability whatsoever claimed by OP No. 1. In fact, the petitioner, while responding to the demand, claimed that there was no any occasion to handover a cheque and its dishonour since the consideration money was deposited vide Annexure-3 series. The petitioner f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... andra Mishra Vrs. Sri Ajitsinh Ulhasrao Babar and others reported in 2014 (I) OLR 211. In course of hearing, the Court had raised a preliminary question regarding the jurisdiction of this Court when the complaint is filed at Vishakhapatnam. In other words, the question is, whether, a proceeding pending in the court in the State of Andhra Pradesh can be a subject of challenge before this Court? 6. Admittedly, from the pleading, it appears that the wife and cousin of the petitioner had sale transactions with OP No. 1, who allegedly claimed certain dues not to have been paid which stands denied. In that connection, the complaint seems to have been filed by OP No. 1 in the court at Vishakhapatnam which is presently sought to be quashed. From A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... banker is situated. The transactions might have taken place in Orissa and for that, civil litigations could have been brought before any court situated at such places where a part of cause of action arose but for the purpose of a criminal action under Section 138 of the N.I. Act, in view of Section 142(2), it has to be at a place where the cheque was presented and dishonoured. In so far as the decision in Sri Kailash Chandra Mishra (supra) is concerned, this Court, while exercising writ jurisdiction concluded that in view of the amendment to Article 226 of the Constitution of India, correctness of a proceeding lying before a court situated beyond its jurisdiction can be called in question. In the said case, the cheque was issued at Balasor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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