2021 (6) TMI 1187

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.... 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 17.11.2017 3. The petitioner is the Company incorporated under the Companies Act, 1956 having its registered office in....

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....y 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 Delhi and dishonoured at Delhi and petitioner has not produced any proof to show that it maintained account at ABN AMRO Bank at....

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......................................................... (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. Explanation: For the purposes of clause (a), where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to ....