TMI Blog2022 (8) TMI 1049X X X X Extracts X X X X X X X X Extracts X X X X ..... jai which has jurisdiction to try the same. There is no quarrel at the Bar in this regard, that in view of section 142(2) (a) of the said Act, the learned court below has the jurisdiction to try the offence. Of course, the position would have been quite different if the petitioner had no account at Hojai. This court is of the considered opinion that the impugned order, so passed by the learned court below has failed to withstand the test of legality, propriety and correctness and the same require interference of this court - the matter is remanded to the learned court below, with a direction to proceed with the same in accordance with law. - Crl.Rev.P./387/2022 - - - Dated:- 29-7-2022 - HONOURABLE MR. JUSTICE ROBIN PHUKAN Advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned court below has the jurisdiction to try the same and as such the impugned order suffers from manifest illegality, and therefore, it is contended to set aside the same. Mr. P. Borthakur, the learned Addl. P.P. for the respondent No. 1 also, in his usual fairness, conceded to the submission of learned counsel for the petitioner and submits that in view of the express provision of section 142(2)(a) of the N.I. Act, the learned court below has jurisdiction to try the offence under section 138 of the N.I. Act. As only a pure question of law is involved in this petition, and as agreed by the learned counsels, it is proposed to dispose of this petition at this motion stage itself. Having heard the submission of learned Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore dismissed the complaint. In this context, a brief reference to the relevant provision will be helpful to decide the controversy with greater precision. Section 142(2) of the N.I. Act read as under:- (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 - F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his regard, that in view of section 142(2) (a) of the said Act, the learned court below has the jurisdiction to try the offence. Of course, the position would have been quite different if the petitioner had no account at Hojai. In the case of M/S Bridgestone India Pvt. Ltd. vs. Inderpal Singh, Criminal Appeal No.1557 of 2015 (arising out of slp(crl.) No.7850 of 2011), Hon ble Supreme Court also, while dealing with similar issue, held as under:- 12. We are in complete agreement with the contention advanced at the hands of the learned counsel for the appellant. We are satisfied, that Section 142(2)(a), amended through the Negotiable Instruments (Amendment) Second Ordinance, 2015, vests jurisdiction for initiating proceedings for t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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