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2020 Supreme(MP) 435

G.S.AHLUWALIA
Arvind Gupta – Appellant
Versus
Komal Pandey – Respondent


Advocates:
S.S. Kushwah for applicant.

ORDER

1. This application under section 482 of Cr.P.C. has been filed against the order dated 10.11.2014 passed by Judicial Magistrate First Class, Lahar, District Bhind in Criminal Case No. 397/2009 by which the complaint filed by the applicant before the Court of Judicial Magistrate First Class, Lahar, District Bhind was held to be without territorial jurisdiction in the light of the judgment passed by the Supreme Court in the case of Dashrath Rupsingh Rathod v. State of Maharashtra and ors. reported in (2014) 9 SCC 129.

2. It is submitted by the counsel for the applicant that subsequently the legislature has amended section 142 of Negotiable Instruments Act and has inserted section 142A of Negotiable Instruments Act and, therefore, in the light of the amended provisions of law, complaint lodged by the applicant before the Court of Judicial Magistrate First Class, Lahar, District Bhind is maintainable.

3. Heard the learned counsel for the applicant.

4. The Supreme Court in the case of Dashrath Rupsing Rathod (supra) had held that the Court where the cheque was presented has no territorial jurisdiction to entertain the complaint under section 138 of the Negotiable Instruments Act.

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