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2015 Supreme(Ker) 443

K.HARILAL
TRADEVINT LOGISTICS (INDIA) PRIVATE LIMITED – Appellant
Versus
L. A. IBRAHIM SHAH – Respondent


Advocate Appeared:
For the Appellant:Thomas M. Jacob, V.K. Anju, T.R. Jerry Sebastian and K.H. Ansar, Advocates.
For the Respondent: Jibu P. Thomas, Public Prosecutor.

ORDER

1. The question that arises for consideration is, whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short the NI Act) alleging dishonour of an at par cheque drawn on the account maintained by the accused in a particular branch, but payable at any branch, is maintainable in the Court within whose jurisdiction the branch in which the cheque was presented and got dishonoured is situated. The revision petitioner is the complainant in C.M.P. No. 3220 of 2014 on the files of the Additional Chief Judicial Magistrate's Court (Economic Offences), Ernakulam. The said complaint was filed by the petitioner alleging the offence punishable under Section 138 of the NI Act).

2. It is the case of the complainant that, he had business transaction with the accused as his clearing and forwarding agent of the export business and in that transaction, an amount of Rs. 25,000/- was outstanding from the accused to the complainant towards the bill issued by the complainant for clearing and forwarding works done. When the accused wanted to issue a cheque for the said amount due to the complainant, the complainant had insisted the accused to issue a cheque payable at Ern














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