AMARJIT SINGH Vs. JASJIT SINGH

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code, 1973'), the Petitioner has prayed for quashment of Criminal Complaint Case No. l 83/2011 pending in the Court of Additional Chief Judicial Magistrate, Raipur in which the Court below has taken cognizance against the Petitioner and has issued process vide order dated 28-10-2010 substantially on the ground of lack of territorial jurisdiction and non-compliance of mandatory provisions contained in Section 202(1) of the Code.

(2.) As per copy of the complaint filed on behalf of the Respondent, dispute relating to tenancy of accommodation situate at Chandigarh was resolved and the Petitioner issued cheque of Rs. 90 lakhs on 20-8-2010 in favour of the Respondent, same was presented for encashment on 24-8-2010 at ING Vysya Bank Limited, Branch Raipur, same was bounced on the ground of insufficiency of money and difference in signature of the drawer i.e. the Petitioner herein. Notice as required under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') was served upon the Petitioner which the Petitioner has received on 16-9-2010 & 17-9-2010. Finally, complaint under Section 138 of the Act was filed along with evidence on oath and other documents. On the basis of evidence on oath of the Respondent, the Court below has taken cognizance and has issued process against the Petitioner vide the order impugned.

(3.) I have heard learned Counsel for the Petitioner, perused the petition and other documents.