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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.