Hon’ble Sudhanshu Dhulia, J. (Oral)

1. Mr. Manish Arora, Advocate, present for the applicants.

2. Mr. S.S. Adhikari, learned Brief Holder, present for the State/respondent no.1.

3. Ms. Menka Tripathi, Advocate, present for the respondent no.2.

4. This application under Section 482 Cr.P.C. relate to an offence under Section 138 of Negotiable Instruments Act. The admitted fact in this application is that present applicants had given cheque to the complainant which was drawn at HDFC Bank, at Rajori Garden Branch, New Delhi. Thereafter, on presentation of the cheque since it was dishonoured, complaint was moved before the learned Magistrate at Roorkee, District Haridwar, Uttarakhand. In view of the law laid down by the Hon’ble Apex Court in the case of Dashrath Rupsingh Rathod Vs. State of Maharashtra and another, (2014) 9 SCC 129, now the Court which shall have the jurisdiction in the event of dishonour of cheque under Section 138 of Negotiable Instruments Act will be of the concerned Magistrate within whose territorial jurisdiction the cheque has been dishonoured. Therefore, the learned Magistrate at Roorkee, District Haridwar has no jurisdiction in the matter. It is the cour