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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR, J
Aditya Malhotra Prop. M/s ANN Infrastructure – Appellant
Versus
Dharminder Singh – Respondent
JUDGMENT :
1. The petitioner through the medium of present petition has challenged the complaint filed by the respondent against him and his proprietary concern alleging commission of offence under section 138 Negotiable Instruments Act read with section 420 RPC. Challenge has also been thrown to order dated 24.07.2021 passed by Judicial Magistrate 1st Class (Special Mobile Magistrate), Jammu(hereinafter to be referred as the Trial Magistrate), whereby cognizance of the offences has been taken and the process has been issued against the petitioner.
2. It appears that a complaint came to be filed by the respondent against the petitioner and M/s ANN Infrastructure before the learned Trial Magistrate alleging therein that a cheque in the amount of Rs. 60 lacs was issued by the petitioner from his account maintained with Axis Bank Limited Jammu in discharge of his liability towards the respondent. It has been further pleaded in the complaint that when the said cheque was presented by the respondent/complainant for encashment through his banker ICICI Bank Limited in his account No. 003101041811, the same was returned unpaid with the endorsement on the memo “title of account required” vide
Jurisdiction for offences under Section 138 of the Negotiable Instruments Act is determined by the location of the bank where the cheque is presented for collection.
Section 142 (2) of Negotiable Instruments Act read cognizance of offences.
Dishonour of cheque – Section 142(2)(a) of N.I. Act vests jurisdiction apropos an offence under Section 138 thereof in the Court where cheque is delivered for collection, that is, through an account ....
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 ....
Objections to territorial jurisdiction must be raised timely; if belated, they can be dismissed to prevent injustice, especially after trial advancement.
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