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2021 (11) TMI 443 - JAMMU AND KASHMIR HIGH COURTDishonor of Cheque - territorial jurisdiction of drawee bank - It is contended that since the drawee bank in this case is located in Baramulla District, as such, Judicial Magistrate at Srinagar had no jurisdiction to entertain the complaint and to take cognizance of offence - Section 138 Negotiable Instruments Act - HELD THAT:- Sub-section(2) of Section 142 of the Act alongwith its explanation has been inserted in the Act by Amendment Act 26 of 2015 with effect from 15th of June 2015. This provision has modified the law as laid down in DASHRATH RUPSINGH RATHOD VERSUS STATE OF MAHARASHTRA & ANOTHER [2014 (8) TMI 417 - SUPREME COURT], whereby it was held that the territorial jurisdiction for filing of cheque dishonour complaint is restricted to the court within whose territorial jurisdiction the offence is committed i.e., which is the location where the cheque is dishonoured or returned unpaid by the bank on which it is drawn. Coming to the instant case, though the cheques which are subject matter of the complaint before the trial Magistrate, are drawn on Jammu & Kashmir Bank Limited Hard Aboora Baramulla yet the complainant has clearly stated that when these cheques were presented with his banker i.e., J&K Bank Ltd. Branch Unit Zainakote Srinagar, the same were dishonoured. Thus, the cause of action for filing the complaint in the instant case has also arisen within the local limits of the court having jurisdiction over Srinagar City. Thus, it cannot be said that the Judicial Magistrate at Srinagar did not have jurisdiction to entertain the complaint and issue process against the petitioner. The ground urged by the petitioner in this regard is without any merit. In the present times when the postal authorities resort to service through speed post etc., it is not in the realm of impossibility that a notice dispatched from Srinagar on 1st February, 2018, would not reach its destination in Baramulla the very next day. In any case, it is a matter of trial as to whether the notice was actually served upon the petitioner and if so, on what date - Petition dismissed.
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