Cheque dishonour jurisdiction turns on whether post-summoning evidence had begun; the complaint was allowed to continue.

In cheque dishonour proceedings under Section 138 of the Negotiable Instruments Act, the territorial return of a complaint after Dashrath depends on whether the matter had already crossed the stage where post-summoning evidence under Section 145(2) had commenced. Here, cognizance had been taken, summons issued, the accused had appeared, and the case had progressed to the stage fixed for evidence. On those facts, the Magistrate's view that the Section 145(2) stage had not been reached was held to be an incorrect application of the governing territorial jurisdiction rule, and the complaint was directed to continue before the Bidhannagar court.

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Issues: Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 could validly proceed before the Bidhannagar court despite the transfer directions flowing from the territorial jurisdiction ruling in Dasharath, and whether the proceeding had already crossed the stage at which the complaint could be retained because evidence had commenced under Section 145(2) of the Negotiable Instruments Act, 1881.

Analysis: The complaint had been taken cognizance of, summons had been issued, the accused had appeared, sought bail, and pleaded not guilty. The proceeding had progressed beyond the initial stage, and the record showed that the matter had been fixed for evidence. The jurisdictional return of the complaint was therefore examined against the governing principle that only those cheque dishonour matters in which post-summoning evidence had commenced could continue at the same place, while other complaints were to be returned for filing before the court of proper territorial jurisdiction. On the facts placed before the Court, the finding of the Magistrate that the stage under Section 145(2) had not been reached was held to be an incorrect application of the governing law.

Conclusion: The complaint was held to be maintainable before the Bidhannagar court, and the court was directed to proceed with the case in accordance with law.

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