Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. NO. 2464/SS/2018
ORDER BELOW EXHIBIT NO. 41
The accused has forwarded present application with a prayer to
dismiss the complaint for want of territorial jurisdiction.
2. It is submitted by the accused that present complaint came to be filed
U/s. 138 of Negotiable Instruments Act. He submitted that this court has no
territorial jurisdiction to entertain to present complaint. As per his
submission, as per the admission of the complainant that the cheques were
deposited for encashment in Bank of Baroda Goregaon (E)and therefore this
court has no jurisdiction to entertain the present complaint. Hence, prayed
to dismiss the complaint.
3. The complainant has filed his say on the backside of this application
and submitted that present application is not maintainable. The complainant
is having his bank account in Bank of Baroda, branch Powai and therefore he
submitted that it is immaterial where cheques were presented for
encashment. Therefore, he prayed to reject the application.
4. Heard. Perused the application and say.
5. Present complaint came to be filed U/s. 138 of Negotiable Instruments
Act. By way of present application, the accused has prayed to dismiss the
present complaint as this court has no territorial jurisdiction to entertain the
present complaint. It is submitted by the accused that the cheques were
presented by the complainant in Bank of Baroda, Goregaon (E) branch. I
have perused Section 142 of Negotiable Instruments Act which reads as
follows:-
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2 C. C. NO. 2464/SS/2018
“Section 142 in The Negotiable Instruments Act, 1881
142. Cognizance of offences.—
(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974)—
(a) no court shall take cognizance of any offence punishable under
section 138 except upon a complaint, in writing, made by the payee or,
as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the
cause of action arises under clause (c) of the proviso to section
138:Provided that the cognizance of a complaint may be taken by the
Court after the prescribed period, if the complainant satisfies the Court
that he had sufficient cause for not making a complaint within such
period.
(c) no court inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class shall try any offence punishable under
section 138.
(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.”
Perusal of above provision, it seems that when the cheque is delivered
for collection through an account then the branch of the bank where the
payee maintained the account is situated, the court where such account is
situated has jurisdiction. In the case in hand, today complainant has filed
one letter issued by the Bank of Baroda where it is mentioned that the
account number 2414020000909 is situated in Powai branch. Admittedly, it
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3 C. C. NO. 2464/SS/2018
is material where the branch of the complainant is situated and jurisdiction
is required to be decided on the basis of the account maintained by the
complainant. It has come on record that the complainant’s account is
situated in Powai and it is comes within the jurisdiction of this court and
therefore, this complaint is well within jurisdiction. Therefore, application
deserves to be rejected. Hence, I pass following order:-
ORDER
Application is rejected.
Date : 05/06/2026
Sd/-
(Y. P. Pujari)
Judicial Magistrate (First class)
48th Court, Andheri, Mumbai.
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