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2012 (9) TMI 1213 - HC - Indian LawsDetermination of Territorial jurisdiction of magistrate - Dishonor of cheque - discharge of legally enforceable debt or blank cheque issued for the purpose of security - rebuttal of presumption - accused is guilty for commission of offence punishable u/s 138 of N.I. Act or not? - Application u/s 482 CrPC for Quashing complaint - plea of the petitioner is that the entire business transaction including the taking of the loan and deposit of security cheques took place in Kolkata, respondent cannot create jurisdiction of the Gurgaon Court simply because depositing the cheque (for encashment) at a place, other than the place of its issuance. Territorial Jurisdiction - HELD THAT:- keeping in view of principle of law laid down in K. Bhaskaran's case [1999 (9) TMI 941 - SUPREME COURT], it is held that complaint is maintainable within the territorial jurisdiction of Gurgaon as the complainant company (respondent herein) has its corporate office at Gurgaon and the collecting bank with regard to the cheque in question is situated at Gurgaon. The criminal courts at Gurgaon have territorial jurisdiction to try and decide the complaint. Regarding Security Cheque - There can be no doubt regarding the fact that the security cheque is an integral part of the commercial process entered into between the Petitioner and Respondent/Complainant. The security cheque is not only a deterrent for the drawer against dishonoring his financial commitment but can also be legally and validly utilized towards the discharging of the liability of the Drawer. In the considered opinion of the Court, a security cheque is an acknowledgment of liability on the part of the drawer that the cheque holder may use the security cheque as an alternate mode of discharging his/its liability. Thus, the argument of the ld counsel for the petitioner that on dishonoring of a security cheque no offence punishable u/s 138 of the Negotiable Instruments Act is made out. Consequently, this petition is dismissed.
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