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2010 Supreme(Raj) 336

M.N.BHANDARI
Arun Kumar Gupta – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Kailash Tailor, for Petitioner;
G.S. Fauzdar, P.P., for State

Hon'ble BHANDARI, J.—By this Criminal Misc. Petition, order dated 26.2.2008 passed by the Chief Judicial Magistrate, Churu has been challenged.

2. Before going into the merits of the case, learned counsel for petitioner was asked to address this Court regarding maintainability of the petition before Permanent Bench of Rajasthan High Court at Jaipur.

3. Learned counsel for petitioner submits that a case under Section 138 of the Negotiable Instrument Act (for short ‘the Act’) has been initiated at Churu though cheque bearing No.50158 was issued for Bank of Punjab Limited, Station Road, Jaipur. The complainant deposited cheque in a saving bank account at Churu, but was dishonoured by Bank of Punjab Limited at Jaipur. The cause of action to the complainant, thus, arose at Jaipur. It is stated that even if case is tried at Churu, a petition under Section 482 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’) can be maintained before the Jaipur Bench as cause of action to the complainant arose at Jaipur. By giving reference of the judgment of the Hon’ble Apex Court in the case of Shri Ishar Alloy Steels Ltd. vs. Jayaswals Neco Ltd. reported in 2001(3) Civil Court Cases 238 (S.C.),




















































































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