2021 (6) TMI 1187

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....volved, they are taken up for disposal by this common order. 2. These petitions arise out of the order dated 17.11.2017 (Annexure-E) passed by LVIII Additional Chief Metropolitan Magistrate, Bengaluru returning the complaints of the petitioner for presentation before proper Court in the cases set out in the table below: Sl. No. W.P. No. C.C. No. Date of the order 1 55906/2017 56860/2016 17.11.2017 2 57820/2017 56861/2016 17.11.2017 3 57821/2017 58368/2016 17.11.2017 4 57822/2017 58366/2016 17.11.2017 5 57824/2017 57400/2016 17.11.2017 6 57825/2017 58367/2016 17.11.2017 7 57827/2017 56862/2016 17.11.2017 8 57828/2017 57399/2016 17.1....

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....titioner filed affidavit as per Annexure-C stating that it maintains current account No. 4608615 in ABN AMRO Bank, Residency Road, Bengaluru. 7. On receipt of such affidavit, learned Metropolitan Magistrate, Delhi vide order Annexure-D dated 18.01.2016 held that the Magistrate Court at Bengaluru has jurisdiction to try the cases and directed to place the matters before learned Chief Metropolitan Magistrate, South East for necessary directions. Then cases were transferred to LVIII Additional Chief Metropolitan Magistrate Court, Bengaluru. 8. On receipt of case papers, the trial Court secured the presence of the parties. The trial Court by impugned order held that the cheques were drawn at Delhi, presented for collection to the Bank at ....

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....on of the Court to try the offence under Section 138 of the Act reads as follows: "142. Cognizance of offences (1) ................................................................................... (2) The offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction,- (a) if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or (b) if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated. ....