Territorial jurisdiction for cheque dishonour complaints must follow Section 142(2); proceedings filed in the wrong forum cannot continue.

Section 138 complaints must be tried by the court having local jurisdiction under Section 142(2) of the Negotiable Instruments Act, as modified by the 2015 amendment. The court noted Dashrath Rupsingh Rathod but treated the amended provision as controlling. Where a complaint is instituted before a court lacking territorial jurisdiction, the trial court cannot proceed with the criminal case. The limitation objection was not pressed and was not decided.

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Issues: Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 was instituted before a court lacking territorial jurisdiction, warranting quashing of the criminal proceedings.

Analysis: The objection based on limitation was not pressed and was not decided. On the jurisdictional question, Section 142(2) of the Negotiable Instruments Act, 1881 governs the forum for inquiry and trial of an offence under Section 138. The rule in Dashrath Rupsingh Rathod was noted, but the Court held that the position now stands altered by the 2015 amendment, under which the complaint must be tried only by the court having local jurisdiction as prescribed by Section 142(2). As the complaint had been filed before a court lacking territorial jurisdiction, the trial court could not proceed with the matter.

Conclusion: The jurisdictional challenge was upheld and the proceedings were quashed.

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