TMI Blog2020 (1) TMI 380X X X X Extracts X X X X X X X X Extracts X X X X ..... have the territorial jurisdiction to take cognizance of the proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881, after the promulgation of the Negotiable Instruments (Amendment) Second Ordinance, 2015. The cheque in question was presented for encashment by the complainant in Canara Bank, Anand Vihar Branch, Delhi-92, the present petition is dismissed along with pending applications - petition dismissed. - CRL.M.C. 6022/2019 - - - Dated:- 26-11-2019 - MR. MANOJ KUMAR OHRI J. Petitioner Through: Mr. N.M.Varghese, Mr. Amarendra Choubey and Ms. Tessy Varghese, Advocates. Respondent Through: None MANOJ KUMAR OHRI, J (ORAL) Crl.M.A.No.41175/2019 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainant. 4. As per the complaint, on the petitioner s approaching the complainant, a friendly loan of AED 1,00,000/- was advanced by the complainant. In discharge of the aforesaid liability, the petitioner issued the aforesaid cheque to the complainant and assured of its encashment at the time of the presentation. It was stated that simultaneous to the advancement of the aforesaid friendly loan, a receipt was also executed acknowledging the receipt of the amount as well as handing over the aforesaid cheque. On specific assurance of the petitioner, the complainant presented the aforesaid cheque with his banker i.e., Canara Bank, Anand Vihar Branch, Delhi-110 092. The aforesaid cheque was dishonoured with the remarks insufficient fun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the petitioner insofar as the territorial jurisdiction of the Courts as well as the alleged conflict in the N.I. Act and the Cr.P.C. is no longer res integra and the same has been decided long back in the decision rendered by the Supreme Court in Bridgestone India Pvt. Ltd. Vs. Inderpal Singh reported as 2016 (2) SCC 275 , where it was held as under:- 13. A perusal of the amended Section 142(2), extracted above, leaves no room for any doubt, specially in view of the explanation thereunder, that with reference to an offence under Section 138 of the Negotiable Instruments Act, 1881, the place where a cheque is delivered for collection i.e. the branch of the bank of the payee or holder in due course, where the drawee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ended through the Negotiable Instruments (Amendment) Second Ordinance, 2015, vests jurisdiction for initiating proceedings for the offence under Section 138 of the Negotiable Instruments Act, inter alia in the territorial jurisdiction of the Court, where the cheque is delivered for collection (through an account of the branch of the bank where the payee or holder in due course maintains an account). We are also satisfied, based on Section 142A(1) to the effect, that the judgment rendered by this Court in Dashrath Rupsingh Rathod's case, would not stand in the way of the appellant, insofar as the territorial jurisdiction for initiating proceedings emerging from the dishonor of the cheque in the present case arises. 16. Since c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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