BIJOY SHANKAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The facts of the case are rather peculiar. On 20/2/2016, the appellant - Bijoy Shankar Mishra had filed a criminal complaint under Sec. 138 of the Negotiable Instruments Act, 1881(For short, "the Act".) in respect of dishonored cheques amounting to Rs.45,20,000.00 (Rupees Forty Five Lakh Twenty Thousand Only) in the court of Chief Judicial Magistrate at Jamshedpur, Jharkhand. The court of the Judicial Magistrate, First Class, took cognizance, and issued summons to the accused, respondent no.2 - Sourav Ghosh, vide order dtd. 22/3/2016. The appellant - Bijoy Shankar Mishra recorded prosecution evidence. On 15/1/2018, the statement of the respondent no.2 - Sourav Ghosh was recorded under Sec. 313 of the Code of Criminal Procedure, 1973(For short, "the Code") Defence evidence was also led.

(3.) When the case was fixed for final arguments, the court of Judicial Magistrate, First Class, on examining the records, came to the conclusion that the court did not have territorial jurisdiction in terms of Sec. 142(2)(a) of the Act. No opportunity was granted to the appellant - Bijoy Shankar Mishra to take remedial steps by moving an application under Sec. 407 of the Code before the High Court. In haste and hurry, order dtd. 18/2/2020 was passed, inter-alia, on the ground that the cheques in question were presented in the account of the appellant - Bijoy Shankar Mishra at Adityapur, district Saraikela-Kharsawan and, therefore, only the courts at Saraikela-Kharsawan possessed territorial jurisdiction to try the case. Respondent no. 2 - Sourav Ghosh was discharged, notwithstanding the fact that this was a summons case.