LAWS(SC)-2013-7-17

NISHANT AGGARWAL Vs. KAILASH KUMAR SHARMA

Decided On July 01, 2013
Nishant Aggarwal Appellant
V/S
KAILASH KUMAR SHARMA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The question which has to be decided in this appeal is whether the Court, where a cheque is deposited for collection, would have territorial jurisdiction to try the accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short "the N.I.Act") or would it be only the Court exercising territorial jurisdiction over the drawee bank or the bank on which the cheque is drawn

(3.) This appeal is directed against the final judgment and order dated 31.10.2011 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Misc. No. M-32542 of 2011 whereby the High Court dismissed the petition filed by the appellant herein on the ground that it is not a fit case for invoking Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code").