TMI Blog2016 (2) TMI 1334X X X X Extracts X X X X X X X X Extracts X X X X ..... ame into force on 15th June, 2015. A perusal of section 142, transpires that after issuance of the Ordinance, 2015, offence under Section 138 of the Act shall be inquired into and tried only by a Court within whose local jurisdiction, 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 if the cheque is presented for payment by the payee or holder in due course otherwise through an account, the branch of drawee bank where the drawer maintains the account, is situated. The aforesaid amendment appears to have been carried out to overcome the judgment captioned as Dashrath Rup Singh Rathod s case. Hon ble Ape ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Allahabad Bank, Vardman Branch, Chandigarh Road, Ludhiana but same was dishonoured by the bank of respondents-accused vide memo dated 26.03.2013. Petitioners thereafter served a notice dated 09.04.2013 upon the respondents-accused but he failed to make the payment and ultimately complaint dated 22.05.2013 under section 138 of the Act was filed before the Court of Judicial Magistrate 1st Class, Ludhiana which was fixed for evidence of respondents-accused. However, vide impugned order dated 03.09.2014, the learned Magistrate returned the complaint for its presentation before a court of competent jurisdiction. Learned counsel for the petitioners-complainant submits that the complaint was at post summoning stage and fixed for evidence of re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n shall be inserted, namely:- (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 an account, the branch of the drawee bank 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pronouncement. However, keeping in perspective the hardship that this will continue to bear on alleged accused/respondents who may have to travel long distances in conducting their defence, and also mindful of the legal implications of proceedings being permitted to continue in a Court devoid of jurisdiction, this recourse in entirety does not commend itself to us. Consequent on considerable consideration we think it expedient to direct that only those cases where, post the summoning and appearance of the alleged Accused, the recording of evidence has commenced as envisaged in Section 145(2) of the Negotiable Instruments Act, 1881, will proceeding continue at that place. To clarify, regardless of whether evidence has been led before the Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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