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ORISSA HIGH COURT
SIDHARTHA KUMAR SAMANTARAY – Appellant
Versus
AMBIKA PRASAD MOHANTY – Respondent
ORDER :
SANJEEB K PANIGRAHI, J.
1.This matter is taken up through hybrid arrangement.
2.The Petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure seeking quashment of the order dated 21st February, 2024 passed by the learned 2nd Additional Sessions Judge, Bhubaneswar in Crl. Revision No.60/92 of 2023. By the said order, the learned Revisional Court set aside the order dated 21.09.2023 passed by the learned Signature Not Verified Digitaly Signed J.M.F.C. (L.R.), Bhubaneswar in 1 C.C. Case No.2686 of 2017 Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 06-Mar-2026 17:50:09 and directed that the complaint be returned for presentation before the Court possessing the appropriate territorial jurisdiction. The present petition thus questions the legality and propriety of the revisional order whereby the earlier decision of the learned Magistrate to entertain the complaint was interfered with on the ground of lack of territorial jurisdiction.
3.The Petitioner, being the complainant, instituted 1C.C. Case No.2686 of 2017 before the learned J.M.F.C. (LR), Bhu
Objections to territorial jurisdiction must be raised timely; if belated, they can be dismissed to prevent injustice, especially after trial advancement.
The court clarified that jurisdiction for dishonour of cheque cases under Section 138 can be established where any act related to the offence occurred, emphasizing the broad scope of territorial juri....
When such amendment was brought in 2015 and inserted section 142(2) of the NI Act, the very contention of the petitioner that the Bijapur Court is not having jurisdiction to try the complaint filed f....
Point of Law : It is crystal clear that, when there is no inherent lack of jurisdiction, lack of territorial jurisdiction or ground of irregularity of procedure an order or a sentence awarded by a co....
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.
Territorial jurisdiction under S.138 of the NI Act may be established where any act related to the offence occurred.
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