IRIS COMPUTERS LTD Vs. ASKARI INFOTECH PVT LTD

JUDGEMENT

(1.) Leave granted. This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in Criminal Petition No. 5936 of 2011, dated 01.03.2012. By the impugned judgment and order, the High Court has confirmed the order passed by the learned Magistrate in CC No. 41505 of 2010, dated 22.09.2011, whereby and whereunder the complaint filed by the Appellant was returned by the learned Magistrate on grounds of lack of territorial jurisdiction and also recalled the order issuing summons to the Respondents on the application filed by the Respondents under Sections 202, 203 and 245 of the Code of Criminal Procedure, 1973 ("Code" for short).

(2.) The facts are: The Appellant had filed a private complaint under Section 200 of the Code against the Respondents for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ("Act" for short). The learned Magistrate, by order dated 04.09.2010, took cognizance of the offence and the complaint was registered as CC No. 41505 of 2010. Thereafter, the learned Magistrate, upon recording the evidence of the Appellant and perusing through the documents produced along with the complaint, was satisfied that a prima facie case has been made out for the offence punishable under Section 138 of the Act and issued summons to the Respondents by order dated 16.09.2010.

(3.) After service of summons, the Respondents had filed an application under Sections 202, 203 and 245 of the Code questioning the maintainability of the complaint due to lack of territorial jurisdiction of the Court. The learned Magistrate, after hearing the parties, has allowed the said application and proceeded to recall his previous order issuing summons to the Respondents and returned the complaint to the Appellant, with a direction to present the complaint before the competent Court by order dated 22.09.2011.