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2019 (5) TMI 1217 - HC - Indian LawsDishonor of Cheque - Jurisdiction - Court having jurisdiction under Sub-section (2) of Section 142 of the Negotiable Instruments Act, 1881 - contention raised on behalf of the petitioner herein is to the effect that when the complaint was instituted in June, 2012, the territorial jurisdiction lay with the Court at Delhi - HELD THAT:- The complainant’s base branch of its bank is situated at 612, Ground Floor, Opp. Rani Mill, Delhi Road, Meerut 250002, U.P. In terms of Section 142 (2)(a) of the Negotiable Instruments Act, 1881, the branch of the Bank where the payee or holder in due course maintains the account, is the place where the offence under Section 138 of the Negotiable Instruments Act, 1881 can be enquired into and tried exclusively by the user of the word ‘only’. The verdict of this Court in Liugong India Pvt. Ltd. Vs. State (Govt. of NCT of Delhi) & Ors. [2018 (4) TMI 620 - DELHI HIGH COURT] which bring forth the retrospective applicability of Section 142 (2) of the Negotiable Instruments Act, 1881 in terms of Section 142A(1) makes it apparent that in the circumstances of the instant case, the territorial jurisdiction to try the complaint cases under Section 138 of the Negotiable Instruments Act, 1881 in relation to the three cheques issued on behalf of the respondent no.1, the details of which have already been adverted to hereinabove, lies with the concerned Court at Meerut, U.P. Petition allowed.
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