TaxTMI 
TaxTMI 
2020 (2) TMI 899
X X X X Extracts X X X X
X X X X Extracts X X X X
....se of Dashrath Rupsingh Rathod vs. State of Maharashtra & Ors. reported in (2014) 9 SCC 129. 2. It is submitted by the counsel for the applicant that subsequently the legislature has amended Section 142 of Negotiable Instruments Act and has inserted Section 142-A of Negotiable Instruments Act and, therefore, in the light of the amended provisions of law, complaint lodged by the applicant before the Court of Judicial Magistrate First Class, Lahar, District Bhind is maintainable. 3. Heard the learned counsel for the applicant. 4. The Supreme Court in the case of Dashrath Rupsing Rathod (supra) had held that the Court where the cheque was presented has no territorial jurisdiction to entertain the complaint under Section 138 of the Neg....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nder this Act, as if that sub-section had been in force at all material times. (2) Notwithstanding anything contained in sub-section (2) of section 142 or sub-section (1), where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to that court under sub-section (1) and such complaint is pending in that court, all subsequent complaints arising out of section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques were delivered for collection or presented for payment within the territorial jurisdiction of that court. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....al 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 subsection (1) of Section 142-A. 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 satisfied that the judgment rendered by this Court in Dashrath Rupsingh Rathod case would also not non-suit....
X X X X Extracts X X X X
X X X X Extracts X X X X
....... as if that sub-section had been in force at all material times..." used with reference to Section 142(2), in Section 142-A(1) gives retrospectivity to the provision. 17. In the above view of the matter, the instant appeal is allowed, and the impugned order passed by the High Court of Madhya Pradesh, by its Indore Bench, dated 5-5-2011, is set aside. The parties are directed to appear before the Judicial Magistrate, First Class, Indore, on 15-1- 2016. In case the complaint filed by the appellant has been returned, it shall be represented before the Judicial Magistrate, First Class, Indore, Madhya Pradesh, on the date of appearance indicated hereinabove. Criminal Appeal No. 1562 of 2015 [arising out of SLP (Crl.) No. 975....