9911796707
TMI Blog2023 (6) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... RT ], the amendment will have retrospective effect. Hence, the impugned orders dated 23.04.2015 (in both petitions) being against the statute and the law laid down, are set aside. The trial Court at Bathinda is directed to entertain the complaints filed by the petitioners and proceed further with the trial as in accordance with law. Petition allowed. - CRM-M-18600-2015 CRM-M-18690-2015 - - - Dated:- 1-6-2023 - HON'BLE MR. JUSTICE RAJESH BHARDWAJ Mr. Prince Goyal, Advocate, for the petitioners Mr. Tarun Singla, Advocate, for the respondent ORDER Rajesh Bhardwaj, J. This order will dispose of two above-said petitions as these are inter connected. The petitioners have approached this Court praying f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed trial Court i.e. CJM, Bathinda, however, thereafter the respondent-accused filed applications for return of the complaints to be presented before the competent Court of law at Rausar (Shahajahanpur) in view of the law laid down by Hon ble Supreme Court in case of Dashrath Rupsingh Rathod vs. State of Maharashtra and another, 2014(3) Crl. Court Cases 581. The trial Court vide order dated 23.04.2015 in view of the law laid down in Dashrath Rupsingh Rathod (supra) accepted the applications filed by the respondent and thus, returned the complaints filed by the respective petitioners. The learned trial Court observed that drawer Bank is at Rausar (Shahajahanpur) and thus, directed the complaints to be returned to the petitionercomplainants fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02.05.2006, was presented for encashment at the IDBI Bank, Indore, which intimated its dishonor to the appellant on 04.08.2006, we are of the view that the Judicial Magistrate, First Class, Indore, would have the territorial jurisdiction to take cognizance of the proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881, after the promulgation of the Negotiable Instruments (Amendment) Second Ordinance, 2015. The words ...as if that sub-section had been in force at all material times... used with reference to Section 142(2), in Section 142A(1) gives retrospectivity to the provision. Learned counsel for the petitioners has submitted that even if the impugned orders are passed prior to the amendm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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