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of <h1>Jurisdiction Key in Cheque Dishonor: Complaint to be Filed in Nagpur, Not Aurangabad, Says Court.</h1> <h3>Laxmi Travels Versus G.E Countrywide Consumer and Ors</h3> The HC quashed the impugned order, ruling that the JM at Aurangabad lacked jurisdiction over the complaint under Section 138 of the Negotiable Instruments ... - Issues: Jurisdiction of Court under Negotiable Instruments ActAnalysis:1. The petitioner challenged an order where the Court held that the Judicial Magistrate had jurisdiction over the complaint. The transaction occurred in Nagpur, where parties reside and cheques were presented, endorsed, and dishonored. The complainant issued a demand notice from Aurangabad, but no compliance led to the complaint being filed there.2. The Supreme Court in K. Bhaskaran case outlined the acts constituting an offense under Section 138 of the Negotiable Instruments Act, emphasizing the importance of a series of acts for the offense. The Court clarified that these acts could occur in different localities, allowing any Court within those areas to have jurisdiction. The cause of action arises where the drawer fails to make payment after receiving a notice.3. The Court referred to M/s. Prem Chand Vijay Kumar case, reiterating the essential ingredients for a complaint under Section 138. The cause of action arises where the drawer fails to make payment, as per Sections 138 and 142. In this case, the failure to make payment occurred in Nagpur, not Aurangabad, where the demand notice was issued.4. The Court emphasized that the issuance of a notice from a particular place does not automatically confer jurisdiction to that Court. The object of issuing a notice is to provide an opportunity for payment before resorting to criminal action. The convenience of parties and the location of the transaction, presentation, and dishonor of the cheque are crucial in determining jurisdiction.5. Considering the convenience of parties and the location of the transaction, the Court quashed the impugned order, allowing the complainant to file the complaint at Nagpur within 30 days. The Court stressed the importance of proper jurisdiction based on the location of key events related to the offense under the Negotiable Instruments Act.
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