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G. JAYACHANDRAN
Mangal Savitri Bizcon (P)Ltd. , Rep. by director Suresh Gaggar – Appellant
Versus
Lakshmi Premises Private Limited, Represented by its director/authorised Signatory, Swaminathan Chidambaram, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to quash the order dated 09.06.2023 passed in Crl.M.P.No.19558 of 2023 in S.T.C.No.4861 of 2022 on the file of the Fast Track Court-I, Metropolitan Magistrate Court, Allikulam Campus, Chennai and quash the complaint in S.T.C.No.4861 of 2022, in exercise of the inherent powers of this Hon'ble High Court u/s 482 Cr.P.C.)
1. The petitioners are accused in the private complaint under section 138 of NI Act, in S.T.C No: 4861/2022 taken cognizance by the MM (Fast Track Court -1), Egmore.
2. After examination of witnesses on either side, the accused/petitioners filed petition to quash to complaint on the ground, MM ( FTC-1) Egmore lack of territorial jurisdiction to try the case. The Learned Metropolitan Magistrate on considering the facts and law dismissed the petition. Being aggrieved, the present petition is filed.
3. Brief facts leading to this petition:
The respondent herein is the complainant before the trial court. In the complaint filed under section 138 of NI Act, it is stated that the first accused in a Private Limited Company. The second accused is its Whole time Director taking c
The main legal point established in the judgment is that the trial court had jurisdiction to try the case under Section 138 of NI Act based on the location of the complainant's bank branch, and the i....
Court within whose jurisdiction branch of the bank where the payee maintains the account is situated, will have jurisdiction to try offence, if the cheque is delivered for collection through an accou....
Jurisdiction for dishonor of cheque cases under the Negotiable Instruments Act is determined by the location of related transactional acts, not merely where notices originate.
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 ....
The main legal point established in the judgment is the clarification of territorial jurisdiction for trying an offence under Section 138 of the Negotiable Instruments Act, 1881, as per the amendment....
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