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2016 (2) TMI 1334 - PUNJAB AND HARYANA HIGH COURTDishonor of Cheque - petitioners-complainant submits that the complaint was at post summoning stage and fixed for evidence of respondents-accused - section 142 of NI Act - HELD THAT:- Undisputedly, keeping in view the judgment passed by Hon’ble Apex Court in Dashrath Rup Singh Rathod’s case [2014 (8) TMI 417 - SUPREME COURT], complaint was ordered to be returned to the complainant for its presentation before the competent Court of jurisdiction. Subsequent thereto, the Ministry of Law and Justice (Legislative Department) issued the Negotiable Instruments (Amendment) Ordinance, 2015, which came into force on 15th June, 2015. A perusal of section 142, transpires that after issuance of the Ordinance, 2015, offence under Section 138 of the Act shall be inquired into and tried only by a Court within whose local jurisdiction, 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 if the cheque is presented for payment by the payee or holder in due course otherwise through an account, the branch of drawee bank where the drawer maintains the account, is situated. The aforesaid amendment appears to have been carried out to overcome the judgment captioned as Dashrath Rup Singh Rathod’s case. Hon’ble Apex Court in para 20 of Dashrath Rup Singh Rathod’s case, has held that the cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in Section 145(2) of the Act, will proceed to continue at the place where they are filed. The impugned order is not sustainable in the eyes of law - Petition allowed.
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