TMI Blog2017 (6) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... from the date of receipt of copy of this order and issue fresh summons to the accused so as to proceed further in accordance with law. Miscellaneous petitions, pending if any, shall stand closed. - Criminal Revision Case No. 1509 of 2013 - - - Dated:- 21-2-2017 - B. Siva Sankara Rao, J. For the petitioner : M/s.Indus Law Firm For the Respondent : learned Public Prosecutor ORDER Aggrieved by the order dated 04.07.2013 in C.C.No.195 of 2011 passed by the XIII Special Magistrate, Hyderabad, this revision is filed by the petitioner/complainant. 2. The complainant of a dishonour cheque filed a complaint against two accused/respondents 1 and 2 herein, for the offence punishable under Section 138 of the Negotiable Instru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in K.Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510), that was also referred by the lower Court in para-18 clearly speaks even giving of notice and presentation of the cheque for encashment, those places also conferred part of cause of action, gives jurisdiction under Section 178 of Cr.P.C. The lower Court, referred, however, a judgment of this Court and one more judgment of the Apex Court in Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd. (2001(3) SCC 609), stating that the cheque to be presented at the bank on which it is drawn and the bank mentioned is accused bank. No doubt, in a subsequent expression of two Judge bench of the Apex Court in Escorts Limited v. Rama Mukherjee 2014(2) SCC 255, it was held even the cheque pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ank where the drawer maintains the account, is situated. Explanation: For the purposes of Clause (a), where a cheque is delivered for collection at any branch of the Bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the Bank in which the payee or holder in due course, as the case may be, maintains the account. 142(A)---(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any judgment, decree, order or directions of any Court, all cases arising out of Section 138 which were pending in any Court, whether filed before it, or transferred to it, before the commencement of the Negotiable Instruments (Amendment) Ordinance, 2015 sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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