BAJAJ FINANCE LTD. Vs. KARTHIKEYAN KUMARESHAN

JUDGEMENT

(1.) This petition is filed by the revision petitioner under Sec. 397 read with Sec. 401 CR.P.C., challenging the order passed by the XIV Additional Chief Metropolitan Magistrate, Bengaluru in PCR No.53895/2016 whereby the learned Magistrate returned the private complaint to the complainant for presentation before the jurisdictional Court.

(2.) The petitioner-complainant has filed a private complaint in PCR No.53895/2016 on the file of the XIV Additional CMM, Bengaluru and respondent was the accused. The said complaint is for the offence punishable under sec. 138 of the Negotiable Instruments Act, 1881. It is alleged that the complainant is a public limited company engaged in business of financial assistance and the accused- respondent availed a loan of Rs.1,95,000.00 by executing loan agreement agreeing to repay the loan in equal monthly installment of Rs.6,418.00 per month. That the petitioner defaulted in paying the EMI as agreed and towards discharge of debt, he issued a cheque dtd. 15/5/2016 pertaining to his bank account in HDFC Bank, Indiranagar, Bangalore for a sum of Rs.99,656.00. When the said cheque was presented through banker ICICI Bank, Pune Branch, it was dishonored for insufficient of funds. Hence, he lodged a private complaint in this regard. Subsequently, the learned Magistrate, on the ground that the cheque was presented in Pune Branch has returned the complaint on the ground that the Bengaluru Court does not have any jurisdiction. Being aggrieved by this judgment, this revision petition came to be filed.

(3.) Admittedly, loan was advanced by the complainant to the accused and admittedly accused is residing in Bengaluru and the complainant is residing in Bengaluru. It is also evident that the complainant has maintained a bank account in ICICI Bank, M.G.Road Branch, Bengaluru bearing No.000205025145. The cheque was pertaining to HDFC Bank and it is evident that it is payable at all branches of HDFC in India.