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2018 (4) TMI 420 - HC - Indian LawsTerritorial jurisdiction - dishonor of cheque - the aforesaid cheques issued by the petitioner/accused were deposited/presented for encashment at Bhagalpur which gave the sole jurisdiction to a competent Court at Bhagalpur to try the case - Held that: - since the cheques in question in the case in hand were presented at Bhagalpur in the bank account of O.P. No. 2, only the Court at Bhagalpur shall have the jurisdiction to try the instant complaint. According to Section 125 of the Act, the holder of the cheque may cross it generally or specially. In that event, even if a cheque is un-crossed, if it is presented in the drawee bank (payee bank), it is aimed at getting encashed through the account only - there is no option for the complainant or the accused to seek or confer jurisdiction on any other Court except the Court within whose territorial jurisdiction, the payee bank where the cheque has been presented, is located. The present petition has been filed under Section 407 of the Code of Criminal Procedure, thus necessitating a discussion on the issue of forum convenience. The criminal case/police case lodged by the complainant/O.P. No. 2 may be against the petitioner only but that case operates in a different field, for a different offence or set of offences. The O.P. No. 2 has deliberately chosen to file a complaint at Bhagalpur where he maintains an account in which the cheques were presented and seeks to oppose the present petition as well. Application dismissed.
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