2024 (3) TMI 1468

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....00 of Cr. P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, before the Court of JMFC-V, Mangaluru, Dakshina Kannada. The Trial Court vide orders impugned in these writ petitions has ordered return of the complaints to the complainant or his counsel along with the documents available on record on the ground that it has no territorial jurisdiction to entertain the complaint. Being aggrieved by the said orders passed in C.C.Nos.1260/2023, 1258/2023, 1261/2023 and 1259/2023, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner has maintained an account in Kotak Mahindra Bank, Bendur, Mangaluru and therefore in view of Section 142(2)(a) of the N. I. Act, ....

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....e 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 have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account.]" 6. From a reading of the aforesaid provision of law, it is very clear that the offence punishable under Section 138 of the N. I. Act shall be inquired into and tried only by a Court within whose local jurisdiction the cheque in question, which is dishonoured was presented for realization by the complainant through his account maintained in the Bank which is within the local ....