TMI Blog2018 (8) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... quire into and try the offence under Section 138 of the Negotiable Instruments Act, 1881. By this reckoning, the court of the Metropolitan Magistrate at New Delhi District would be the jurisdictional court to deal with the criminal complaint cases in as much as the cheques in question here were presented by the petitioner for collection through its bank having branch in Connaught Place, New Delhi. The criminal complaint cases would stand revived on the file of the concerned Metropolitan Magistrate of New Delhi district, who is directed to proceed further thereupon in accordance with law - petition allowed. - CRL.M.C. 1823/2016, CRL.M.C. 1831/2016, CRL.M.C. 1832/2016, CRL.M.C. 1833/2016, CRL.M.C. 1834/2016, CRL.M.C. 1835/2016 - - - Date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the court of the Metropolitan Magistrate in New Delhi lacking the territorial jurisdiction. 3. The Central Government promulgated Negotiable Instruments Act (Amendment) Ordinance, 2015 which came into force on 15.06.2015 incorporating certain legislative changes in the Negotiable Instruments Act, 1881. On the basis of the said ordinance, the petitioner (complainant) moved an application for recall of the aforementioned order dated 24.01.2015. As the said Ordinance lapsed on 31.08.2015, the applications, however, became infructuous and were disposed of accordingly by order dated 18.09.2015. Later, the said Ordinance was re-promulgated as Ordinance no.7 of 2015. On the strength of amendment to the law thus carried by the second Ordinanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x x x (2) The offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction (a) If the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or (b) If the cheque is presented for payment by the payee or holder in due course otherwise through his account, the branch of the drawee bank where the drawer maintains the account, is situated. Explanation For the purpose of clause (a), where the 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 bra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifferent courts, upon the said fact having been brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable Instruments (Amendment) Ordinance, 2015, before which the first case was filed and is pending, as if that sub-section had been in force at all material times. 8. The legislature has thus clarified that the court within whose local jurisdiction the branch of the bank where the payee or the holder in due course maintains the account in which the cheque in question is delivered for collection would ordinarily be the court of competent jurisdiction to take cognizance of and inquire into and try the offence under Section 138 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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