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2022 Supreme(Gau) 1411

ROBIN PHUKAN
Nadress Tu – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.W. Aman

ORDER :

1. Legality, propriety and correctness of the order dated 22.06.2022, passed by the learned SDJM, Hojai in N.I. Case No. 03 of 2022, under section 138 N.I. Act, is challenged in this revision petition, under section 397/401 read with section 482 of the Code of Criminal Procedure, by the petitioner - Shri Nadress TU. Be it mentioned here that vide impugned order, the learned court below had dismissed the case for want of territorial jurisdiction.

2. Heard Mr. S. Nawas, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Addl. P.P. for the state respondent.

3. Mr. Nawas, learned counsel for the petitioner, submits that the learned court below had dismissed the complaint on the ground that under section 142(2) of the N.I. Act it had no jurisdiction as the cheque in question is a bearer cheque, which according to Mr. Nawas is an outcome of misreading of the relevant provision. Mr. Nawas further submits that there is no classification of cheque, be it cross cheque or bearer cheque, for filing a case under the N.I. Act and as such dismissing the complaint for being the cheque in question is a bearer cheque, is nothing but a misconception. It is further submit

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