2021 (11) TMI 443

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e complaint and the proceedings on several grounds but during the course of arguments, learned counsel for the petitioner has urged only two grounds i.e. the learned Magistrate had no jurisdiction to entertain the complaint in question as the bank on which the petitioner is alleged to have issued the cheques, which are subject matter of the complaint, is located in Hardu Aboora Baramulla, a place outside the jurisdiction of the learned Magistrate and the other ground urged by the petitioner is that the legal notice of demand has not been served upon the petitioner but the learned Magistrate without taking note of this fact has issued process against the petitioner. 3. According to learned counsel for the petitioner it is only the place w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account. 5. A plain reading of the aforesaid provision reveals that it is not only the court within whose territorial jurisdiction the cheque is dishonoured or returned unpaid by the bank on which it is drawn but it is also the court within whose jurisdiction the cheque is presented for payment by the payer through his account, would have jurisdiction to entertain the complaint and take cognizance of the offence. 6. Sub-section(2) of Section 142 of the Act alongwith its explanation has been inserted in the Act by Amendment Act 26 of 2015 with effect from 15th of June 2015. This provision has modified the law as laid down in Das....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iction to entertain the complaint and issue process against the petitioner. The ground urged by the petitioner in this regard is without any merit. 8. The other ground urged by the petitioner is with regard to issuance of legal notice of demand. According to the petitioner the complaint has been filed by the respondent without serving a legal notice of demand upon him. 9. A perusal of the complaint, a copy whereof has been placed on record by the petitioner, shows that the complainant has specifically pleaded that a legal notice of demand dated 1st February 2018 was issued by him and the same was served upon the petitioner on 02-02-2018. The complainant has also averred that he has placed on record photocopies of the postal receipts. ....