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2020 (2) TMI 899 - HC - Indian LawsMaintainability of Complaint - territorial jurisdiction - it is submitted by the applicant that subsequently the legislature has amended Section 142 of Negotiable Instruments Act and has inserted Section 142-A of Negotiable Instruments Act and, therefore, in the light of the amended provisions of law, complaint lodged by the applicant before the Court of Judicial Magistrate First Class, Lahar, District Bhind is maintainable. HELD THAT:- The Supreme Court in the case of Dashrath Rupsing Rathod [2014 (8) TMI 417 - SUPREME COURT] had held that the Court where the cheque was presented has no territorial jurisdiction to entertain the complaint under Section 138 of the Negotiable Instruments Act. Thereafter, an amendment in Section 142 of Negotiable Instruments Act was incorporated and Section 142-A of Negotiable Instruments Act - From the perusal of amended Section 142(2) of Negotiable Instruments Act, it is clear that the place where a cheque was delivered through an account, the Court having local jurisdiction over such area shall also have the territorial jurisdiction to entertain the complaint. Thus, in view of the amended provisions of Section 142 of Negotiable Instruments Act, the complaint filed by the applicant before the Court of Judicial Magistrate First Class, Lahar, District Bhind is within the territorial jurisdiction of the said Court - the order passed by Judicial Magistrate First Class, Lahar, District Bhind is hereby set aside - The Trial Court is directed to restart the proceedings after giving fresh notices to the respondent because it appears that the respondent remained unserved in the present proceeding - application disposed off.
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