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Judgment
Heard.
By way of this petition under Section 482 CrPC, the
accused petitioners have approached this court for assailing the
proceedings of the Criminal Complaint No.102/2011 pending
before learned Special Judicial Magistrate (N.I. Act Cases), Sri
Ganganagar on the ground that the said court does not have
jurisdiction to examine and try the matter.
Learned counsel for the petitioners Mr. Kaushik urged
that in view of the amendment brought about in Section 142 and
142-A of the N.I. Act, the complaint could have only been
entertained where payee or holder, as the case may be, in due
course maintain their bank account. He submits that it is
admitted position from the averments made in the complaint that
the accounts of payeee (accused) and the holder (complainant)
were being maintained at Ludhiyana and thus, as per him, further
proceedings of the impugned complaint are without jurisdiction.
Mr. Shrimali, learned counsel representing of the
respondent complainant is not in position to dispute these factual
and legal aspects of the matter.
Admittedly, the bank accounts of the accused as well as
the complainant are not located within the jurisdiction of the
Magistrate at Sri Ganganagar. The argument advanced by Mr.
Shrimali that the cheque was issued at par and was presented by
the complainant at Sri Ganganagar is of no consequence because
the amendment in Section 142 and 142-A puts the controversy
beyond the pale of doubt that the complaint can only be enquired
into and tried by a court within whose local jurisdiction the drawer
or loanee or payee maintain their accounts. Apparently, neither of
these accounts are maintained within the jurisdiction of the court
at Sri Ganganganagar. The trial court is, therefore, directed to
return the complaint and the annexed documents to the
complainant, who shall be at liberty to present the same in a court
having jurisdiction. He shall also be at liberty to pray to the
court for condoning the delay in case the complaint is presented
within a period of 30 days from the date the file is returned to him
by the court at Sri Ganganagar.
The miscellaneous petition is allowed in these terms.