9911796707
TMI Blog2023 (6) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act"), passed by the Court of learned Chief Judicial Magistrate, Bathinda, vide which the trial Court has returned the complaints on the ground of territorial jurisdiction. Brief facts of both the cases are that the respondent took a loan of Rs.9,00,000/- and Rs.5,00,000/- through cheque from the petitioner complainants with a promise to return the same with interest within a period of one year. In order to discharge his liability, the respondent issued cheque No.772113 dated 16.07.2013 of Rs.14,80,710/- (in CRM-18600-2015) and cheque No.772126 dated 16.07.2013 of Rs.8,22,616/- (in CRM-M-18690- 2015) of State Bank of India, Rausar (Shahajahanpur) to the petitioners and both the petitioners presented the above-said cheques to their banker ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court by way of filing the present petitions. It has been contended by learned counsel for the petitioners that in view of the law laid down in Dashrath Rupsingh Rathod (supra), the complaints had been returned by the trial Court to the petitioners on the premise that the Court at Bathinda had no territorial jurisdiction to entertain the same and it would be the drawer Bank in Rausar (Shahajahanpur) where the Court would have territorial jurisdiction to entertain the same. It has been submitted that thereafter the Act was amended in the year 2015 by inserting Section 142-A and the amendment came into force w.e.f. 15.06.2015. He submits that in view of the amendment, both the Courts at both places where the drawer Bank and the drawee Bank a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to be set aside. He submits that as per the amended Section 142-A(2) of the Act and the law laid down by Hon'ble Supreme Court, the petitioners had rightly filed the complaints at Bathinda, where the drawee Bank is situated and thus, the trial Court be directed to proceed with the complaints filed by the petitioners in accordance with law. Learned counsel for the respondent has fairly conceded that law settled and thus, has agreed that as per the latest amendment and the law settled by Hon'ble Supreme Court, both the Courts situated at the places, where the drawer Bank and drawee Bank are situated, would have the territorial jurisdiction to entertain the complaint and thus, the Court at Bathinda would have jurisdiction to entertain the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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