Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (6) TMI 1370 - HC - Indian LawsDishonor of cheque - Jurisdiction of the courts - location of the accused - return of cheque for the reason "Account Closed" - case of petitioner is that The 2nd petitioner resigned his post as Managing Director of the first petitioner company with effect from 31.03.2012 and since the cheques were presented only on 08.06.2012, the 2nd petitioner cannot be held liable for the offence punishable under Section 138 of Negotiable Instruments Act - Held that:- Section 202 of Code of Criminal Procedure envisages that the Magistrate should postpone the issue of summons against the accused, if the accused is residing at a place beyond the area, in which the Magistrate exercises his jurisdiction. In this case, the Magistrate is exercising his jurisdiction in Chennai District and the petitioners/accused admittedly are residing in Karnataka State - The amendment of Section 202 of Criminal Procedure Code was made by the Central Act 25 of 2005, in order to curb the practice of private complaints being filed by unscrupulous person against persons residing in far off places. In a case under Section 138 of Negotiable Instruments Act, petitioners/accused and the complainant would be knowing each other and there should have been some transactions between them. In the instant case, the petitioners/accused had purchased computers and other accessories from the respondent/complainant and they are not stranger to the complainant. It is relevant to note that under the amended provision of Negotiable Instruments Act, the complaint under Section 138 of Negotiable Instruments Act can be filed within the jurisdiction of the court, where the banker of the complainant is situate. In this case, the bank of the complainant is in Chennai and therefore, the complaint was filed within the jurisdictional court. Since the case is of the year 2013, the learned Metropolitan Magistrate, III Fast Track Court, Saidapet, Chennai is directed to dispose off the matter within a period of 3 months from the date of receipt of a copy this order. At this juncture, the learned counsel appearing for the petitioners would contend that since the 2nd petitioner is a senior citizen aged 81 years, his personal appearance before the trial court should be dispensed with. Petition dismissed.
|