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2022 (7) TMI 1169 - HC - Indian LawsDishonor of Cheque - Territorial Jurisdiction - Maintainability of the criminal proceeding and issuance of notice - cause of action vis-a-vis the alleged transactions between the parties arose within the State of Orissa - Notice pending in the file of learned Chief Metropolitan Magistrate Vishakhapatnam - whether this Court exercising power under Section 482 Cr.P.C. can set aside or quash a criminal proceeding pending before the court of the Chief Metropolitan Magistrate Vishakhapatnam in the peculiar facts and circumstances of the case? - HELD THAT - In the present case as it appears from Annexure-1 series the alleged cheque stated to have been presented at Vishakhapatnam if at all the averments therein are to be believed and accepted at its face value. If such is the case then OP No. 1 can be said to have rightly filed the complaint at Vishakhapatnam where his banker is situated. The transactions might have taken place in Orissa and for that civil litigations could have been brought before any court situated at such places where a part of cause of action arose but for the purpose of a criminal action under Section 138 of the N.I. Act in view of Section 142(2) it has to be at a place where the cheque was presented and dishonoured. In the instant case the transactions stated to have taken place within the State but the alleged cheque as claimed by OP No. 1 stood dishonoured at Vishakhapatnam whereafter the complaint was filed in the court of Chief Metropolitan situated there. The Court is of the considered view that the petitioner would have to respond to the notice in question which has been received under Annexure-2 or if so advised may also question the maintainability of the complaint on merits by approaching the High Court of Andhra Pradesh since above is the prima facie view of this Court which is based on the available materials. Petition dismissed.
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