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2021 (12) TMI 897 - HC - Indian LawsDishonor of cheque - insufficiency of funds - complaint filed having no jurisdiction to try the case as contended by the revisional petitioner - revisional jurisdiction with regard to legality and correctness of the judgment of respective courts. Whether the Court in which the complaint is filed is having no jurisdiction to try the case as contended by the revisional petitioner? - HELD THAT:- The proviso of section 142(2) is very clear that offence under section 138 shall be inquired into and tried only by a Court within whose local jurisdiction, 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 situated and also explanation is clear that where a cheque is delivered for collection at any branch of the bank of payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account. When such amendment was brought in 2015 and inserted section 142(2) of the NI Act, the very contention of the petitioner that the Bijapur Court is not having jurisdiction to try the complaint filed for the offence under section 138 of NI Act, cannot be accepted. P.W.1 also categorically given admission that cheque was presented at Bijapur Axis Bank and also endorsement was given by the bank of the petitioner in respect of Axis Bank in terms of Ex. P.2. It is suggested that he has falsely deposed that cheque is presented at Axis Bank and the same was categorically denied. Hence, having taken note of all these materials available on record, the very contention of the petitioner cannot be accepted - answered in negative. Whether the Courts below have committed an error in convicting and sentencing the petitioner herein and it requires revisional jurisdiction with regard to legality and correctness of the judgment of respective courts? - HELD THAT:- Regarding exercising of revisional power by the Court is concerned, the same is also limited, the Court has to exercise revisional power only if the judgment of conviction and sentence which is affirmed by the appellate Court is not in conformity with the legality and correctness of the judgment and both the orders suffer from illegality and correctness of the order, only then the Court can exercise revisional jurisdiction - once signed cheque is delivered, the contention of the accused cannot be accepted and he has to rebut the case of the complainant. In the case on hand, the accused has not rebutted the evidence of complainant by leading any defence evidence. No doubt, the accused cross examined the witness P.W.1 to rebut his evidence by way of cross-examination of P.W.1 and the same is also not done with regard to transaction is concerned and the counsel mainly has concentrated with regard to jurisdiction while cross-examining P.W.1. - there are no reason to exercise revisional jurisdiction and hence, there are no merit in the revision petition. The revision petition is dismissed.
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