AI Structured Summary
Not yet generated for this judgment
Judgment
Hon. Shri Sheel Nagu, J.—This petition u/s 482 of Cr.P.C. assails the framing of charge on 22/02/2012 for the offence punishable u/s 138 of Negotiable Instruments Act against the applicant by the Judicial Magistrate First Class, Shivpuri in Criminal Case No. 528/2009. The above said challenge is primarily based on the ground that no offence of dishonor of cheque punishable u/s 138 of Negotiable Instruments Act is made out against the petitioner on the reading of the allegation contained in the complaint of the respondent. Further ground raised by the petitioner is of territorial jurisdiction by contending that all the ingredients of the offence u/s 138 of Negotiable Instruments Act have been committed outside the District Shivpuri and therefore, JMFC, Shivpuri has no jurisdiction to take cognizance, and framed charge.
A bare perusal of the complaint filed by the respondent and also facts narrated by the petitioner in the present petition, it becomes crystal clear that the cheque dated 01/01/2009 of Rs. 1,00,000/- was drawn and issued by the petitioner /accused at Shivpuri and also the said cheque was presented for encashment by the respondent/ complainant at Shivpuri Branch of Bank of Baroda on 19/01/2009.
On the basis of available material in the complaint and also the averments made by the petitioner in this petition u/s 482 of Cr.P.C., it is evident that one of the basic two ingredients i.e. drawing of cheque and presentation of cheque, of offence u/s 138 of Negotiable Instruments Act, have taken place at Shivpuri and therefore, in terms of the law laid down by the Apex Court in the case of K. Bhaskaran Vs. Sankaran Vaidhyan Balan and Another, the court at Shivpuri is clothed with the territorial jurisdiction to entertain the complaint made u/s 138 of Negotiable Instruments.
As regards the merits of the case it is seen from the allegation contained in the complaint that basic ingredients for making out prima facie case against the petitioner of offence punishable u/s 138 of Negotiable Instruments Act are present and therefore, the Court below has not committed any error, impropriety or illegality in framing charges against the petitioner. Consequently, the instant petition u/s 482 of Cr.P.C. deserves to be and is therefore, rejected without any order as to cost.