Vyas Narayan Agrawal vs Jagdish Gupta - 2014 Supreme(Online)(Chh) 117

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Online)(Chh) 117

CHATTISGARH HIGH COURT
Goutam Bhaduri, J
Vyas Narayan Agrawal – Appellant
Versus
Jagdish Gupta – Respondent

Table of Content
1. complaint filed based on cheque dishonor. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. jurisdictional principles for s.138 cases. (Para 8 , 9)
3. case remit to trial court for further action. (Para 12 , 13 , 14 , 15 , 16)

1. The instant petition has been filed by the petitioner against the judgment dated 30.9.2000 passed by Judicial Magistrate First Class, Baloda Bazaar, Raipur, (hereinafter referred to as ' the Trial Court'), in Criminal Case No. 364/1996.

2. By impugned judgment, the Trial Court had rejected the complaint filed by the petitioner under S.138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ' the NI Act' ) holding that the Court at Baloda Bazaar does not have the territorial jurisdiction to entertain the present dispute as raised by the complainant as according to the Trial Court the cause of action that arose in the instant case was outside the territorial jurisdiction of the Court at Baloda Bazaar.

3. Brief facts leading to the instant case are that the respondent Jagdish Gupta is a resident of Takhatpur and the complainant is a resident of Bhatapara. The respondent had some commercial transactions of purchase of agricultural products from t