2020 (12) TMI 1074 - MADRAS HIGH COURT - Indian Laws

Head Note / Extract:
Dishonor of cheque - Section 138 of Negotiable Instruments Act - case of petitioner is that the respondent and his brother cheated the petitioner to the tune of ₹ 7 lakhs and also misused the cheque issued by the petitioner herein and filed false case as against him with concocted stories - HELD THAT:- The proceedings under his complaint is felt to be abuse of process of law and have to be quashed. In the case on hand, when there is a specific bar for doing money lending business that too with his own client, the act of the respondent is amount to professional misconduct. Therefore, the entire proceedings initiated as against the petitioner is nothing but clear abuse of process of law and the complaint itself is liable to be quashed. In the judgment of the Hon'ble Supreme Court of India in M/S BRIDGESTONE INDIA PVT. LTD. VERSUS INDERPAL SINGH [2015 (12) TMI 777 - SUPREME COURT] held that the place where the cheque is delivered for collection i.e., the branch of the payee or holder in due course, where the drawee maintains an account, would be determinative of the place of territorial jurisdiction. Accordingly, the respondent ought to have filed the complaint within the jurisdiction of Indian Bank, High Court branch. Therefore, on this ground also the complaint cannot be sustained as against the petitioner. Petition allowed.