2020 (1) TMI 380

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....stated in the application, the delay in re-filing the present petition is condoned. 3. Application stands disposed of. CRL.M.C. 6022/2019 1. The present petition has been filed seeking quashing of the Complaint Case No.1693 of 2017 pending before the CMM, Karkardooma Courts, Delhi. 2. The only ground urged during the course of the arguments relates to the territorial jurisdiction of the Courts at Delhi. It is the submission of the learned counsel for the petitioner that as the cheque has been drawn on M/s. Standard Chartered Bank, Sharjah Branch, UAE, the dishonour of same had occurred outside the territory of India and as such the Courts in Delhi have no territorial jurisdiction. It was contended that the provisions of Cr.P.C. ....

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....ferred jurisdiction for the offence under Section 138 N.I. Act on a Court in whose jurisdiction the branch of the Bank where the payee or holder in due course maintains his account. The jurisdiction conferred is exclusive as indicated by the word "only" appearing in Section 142(2) of the N.I. Act. For the sake of felicity, Section 142(2) is reproduced as under:- "142. Cognizance of offences.- [(1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- xxx (2) The offence under section 138 shall be inquired into and tried only by a court within whose local local jurisdiction,- (a) if the cheque is delivered for collection through an account, the branch of the bank where t....

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....nt) Second Ordinance, 2015, whereby Section 142A was inserted into the Negotiable Instruments Act. A perusal of Sub-section (1) thereof leaves no room for any doubt, that insofar as the offence under Section 138 of the Negotiable Instruments Act is concerned, on the issue of jurisdiction, the provisions of the Code of Criminal Procedure, 1973, would have to give way to the provisions of the instant enactment on account of the non-obstante clause in sub-section (1) of Section 142A. Likewise, any judgment, decree, order or direction issued by a Court would have no effect insofar as the territorial jurisdiction for initiating proceedings under Section 138 of the Negotiable Instruments Act is concerned. In the above view of the matter, we are s....