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TMI Blog2023 (11) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... laint on the ground, MM ( FTC-1) Egmore lack of territorial jurisdiction to try the case. The Learned Metropolitan Magistrate on considering the facts and law dismissed the petition. Being aggrieved, the present petition is filed. 3. Brief facts leading to this petition: The respondent herein is the complainant before the trial court. In the complaint filed under section 138 of NI Act, it is stated that the first accused in a Private Limited Company. The second accused is its Whole time Director taking care of the day to day affairs of the first accused company. The third accused is the Director and signatory of the cheques dated 22/04/2022 drawn on HDFC Bank, Manekji Wadia Building, Nanik Motwani Marg, Fort, Mumbai issued in favour of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings under Section 461 (m) of Cr.PC. 7. The trial Court after analysing the provisions in the Code concern with territorial jurisdiction and the provisions in the Negotiable Instruments Act, 1881, particularly Section 142(2)(a), the earlier attempt of the petitioners to get the complaint quashed by filing writ petition before the Bombay High Court, dismissed the petition for the reason recorded as under:- This Court feels that the petitioners/accused only to delay the proceedings of the main case only filed these petitions. Petitioners/accused nowhere in their reply to the legal notice they have pleaded all this points except mere denials. The petitioner/accused having received the summons and having allowed the court take pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted by this court to discuss in these petitions. Accordingly point is answered. In the result this petition is dismissed." 8. This Court heard the submission of the learned Senior Counsel for the petitioners and the learned counsel for the respondent/complainant and perused the records. 9. The undisputed facts in this case are: (a)The subject cheques are dated 22/04/2022. (b) It was presented for collection on 22/04/2022 at Kilpauk Branch of Indusind Bank. (c) Intimation memo about return of 'funds insufficient' received from the complainant Bank on 28/04/2022. (d) Statutory notice sent to the accused on 02/05/2022. (e) Complaint under Section 138 NI Act presented on 8th June 2022 before the Metropolitan Magistrate(Fast T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licable in Negotiable Instruments Act cases. However, in the case in hand, a unique fact which has not even been foreseen by the Legistators had cropped up. Hence, for the facts in hand, the law needs to be applied and understood. Therefore, first let us examine the facts of the case in the light of Section 142((2) of Negotiable Instruments Act, 1881 which says, (a) if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or (b) if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... answered in the light of Sections 460 and 461 of Cr.P.C and Section 142 of Negotiable Instruments Act, 1881. 18. The submissions of the learned Senior Counsel for the petitioners is that on the date of presentation of the cheques, the base branch of the complainant is Nanganallur Branch by applying the explanation to Section 142(2)(a) of Negotiable Instruments Act, 1881, the Metropolitan Magistrate Court at Egmore, have no jurisdiction to try the complaint. The trial Court has tried the offender summarily without jurisdiction. Hence, under Section 461(m) gets vitiated. Whereas, the learned counsel for the respondent/complainant contention is that, after giving request letter for transfer of account to Kilpauk Branch and having presented th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he narration of the facts of this case highlights a peculiar situation, which was not contemplated by the Legislatures while introducing the explanation by way of Amendment to Section 142 of the Act. An harmonious interpretation of the explanation and the mischief which it sought to be cured, can only lead to the decision of dismissing the petition. 23. Having given request for transfer to Kilpauk Branch and presenting the cheque at Kilpauk Branch, the complaint is filed before Metroplitan Magistrate (FTC-1) Egmore, which deemed to have territorial jurisdiction. The petitioners on receipt of the summons from the Court had participated in the trial cross examined the complainant and also marshalled their witnesses. At the fag end of the tri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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