Point of law : Section 142(2)(a) of the Act coupled with the explanation to the same makes it clear that even if the payee presents the cheque at another branch of his Bank, the home branch where he holds his account shall be deemed to be the branch where the cheque is presented for collection. Thereby he can maintain the complaint in a Court within whose jurisdiction his home branch situates.

ORDER :

Since the parties to these cases are common and common questions of law and facts are involved, they are taken up for disposal by this common order.

2. These petitions arise out of the order dated 17.11.2017 (Annexure-E) passed by LVIII Additional Chief Metropolitan Magistrate, Bengaluru returning the complaints of the petitioner for presentation before proper Court in the cases set out in the table below:

3. The petitioner is the Company incorporated under the Companies Act, 1956 having its registered office in Bangalore and branch office in New Delhi. Respondent No.1 is also public company registered under the Companies Act. Respondent Nos.2 to 4 are the Managing Director, Chief Executive Officer, Chief Financial Officer and Chief Operating Officer of respondent No.1 company.

4. The petitioner company was providing information and technology services to respondent No.1. For availment of such services, respondent No.1 issued several cheques drawn on ICICI Bank, New Delhi Branch. The petitioner presented the said cheques to ABN AMRO Bank, Delhi Branch for collection. Those cheques were dishonoured. Therefore the petitioner got issued statutory notices to the respondents calling upon them to pay the cheque amount or else to face the prosecution.

5. Since the notices were not complied, the petitioner filed the complaint (Annexure-A) in C.C.Nos.56860/2016, 56861/2016, 58368/2016, 58366/2016, 57400/2016, 58367/2016, 56862/2016 and 57399/2016 against the respondents before Metropolitan Magistrate, Delhi to prosecute them for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘the Act’ for short).

6. In view of Negotiable Instruments (Amendment) Ordinance, 2015 (No.6 of 2015), the Metropolitan Magistrate, Delhi directed the petitioner to file affidavit with regard to the Bank where it maintains the account. Accordingly, the petitioner filed affidavit as per Annexure-C stating that it maintains current account No.4608615 in ABN AMRO Bank, Residency Road, Bengaluru.

7. On receipt of such affidavit, learned Metropolitan Magistrate, Delhi vide order Annexure-D dated 18.01.2016 held that the Magistrate Court at Bengaluru has jurisdiction to try the cases and directed to place the matters before learned Chief Metropolitan Magistrate, South East for necessary directions. Then cases were transferred to LVIII Additional Chief Metropolitan Magistrate Court, Bengaluru.

8. On receipt of case papers, the trial Court secured the presence of the parties. The trial Court by impugned order held that the cheques were drawn at Delhi, presented for collection to the Bank at Delhi and dishonoured at Delhi and petitioner has not produced any proof to show that it maintained account at ABN AMRO Bank at Bengaluru. Therefore trial Court by the impugned order further held that it has no jurisdiction and directed to return the complaints to the petitioner for presentation before the Chief Judicial Magistrate Court, Karkardooma, New Delhi.

9. In these petitions, the petitioner seeks quashing of the said orders on the ground that as per Sections 142(2)(b) of the Act and the Explanation to Section 142 of the Act, the petitioner can maintain the complaint at the branch where it holds account. It is further contended that the trial Court without referring to the affidavit filed by the petitioner and giving any opportunity to furnish all account particulars has passed the impugned order.

10. Reiterating the ground of the petition