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2009 Supreme(Raj) 2135

H.R.PANWAR
Pyare Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. J.R. Chawel, Advocate.
For the State: Mr. A.R. Nikub, P.P.
For the Respondent:Mr. M.K. Garg. Advocate.

JUDGMENT :

1. - By the instant criminal miscellaneous petition under Section 482 Criminal Procedure Code the order dated 29.09.2008 passed by Sessions Judge, Bikaner (for short "the revisional court") in Criminal Revision Petition No.33/2008 has been challenged by the petitioner whereby the revisional court has maintained the order taking cognizance dated 07.09.2007 passed by Chief Judicial Magistrate, Bikaner (for short "the trial court") in criminal Case No.543/2007.Heard learned counsel for the parties.

2. Learned counsel for the petitioner submits that the trial court has no jurisdiction to entertain and try the complaint filed by the respondent No.2 M/s. Shriyam Financial Pvt. Ltd. under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act of 1881 "): According to learned counsel for the petitioner, from the averments made in the complaint filed by the respondent No.2, it is clear that the cause of action has arose to the complaint at Sikar and not at Bikaner. In Para 4 of the complaint, it has specifically been stated that the petitioner, at Sikar Branch, issued two cheques No.20472, 20473 amounting to Rs. 63,000/-, 50,000/- in favour of the respondent-compl












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