TRIUMPH ESTATE PVT. LTD. Vs. M. VENKATESH MURTHY

JUDGEMENT

(1.) TO quash the proceedings in C.C. No. 844/2011 pending on the file of XII Additional Chief Metropolitan Magistrate, Bengaluru, as at Annexure -B, and to dismiss the complaint, vide Annexure -A, this petition was filed on 29.04.2014.

(2.) RESPONDENT is the original complainant and the petitioners are the original accused respectively. Respondent filed the complaint vide Annexure -A for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 against the petitioners. The case having been registered and process having been ordered against the petitioners, this petition was filed for the reliefs mentioned supra.

(3.) INDISPUTEDLY , the cheque which is the subject matter of the complaint, vide Annexure -A, was dishonoured at Mumbai. The complaint vide Annexure -A was filed before the Court below vide Annexure -B, based on the presentation of the cheque for encashment i.e., in Bengaluru and the demand notice issued from Bengaluru. Presentation of a cheque for encashment at/or issuance of a notice from the place of choice of the complainant are not relevant so far as territorial jurisdiction to file the complaint for the offence under Section 138 of the Act is concerned.