DHANESH FINANCE AND LEASING PROPRIETOR ACCREDIT DISTRIBUTOR PVT. LTD. Vs. PUNIT RAM YADAV S/O KRIPA RAM YADAV

JUDGEMENT

(1.) All the petitions have been filed under Section 482 Criminal Procedure Code assailing the common order dated 01.12.2015 passed in Criminal Revision Nos. 47/2015, 49/ 2015, 50/2015 and 52/2015 by the Sessions Judge, Rajnandgaon.

(2.) The brief narration of the facts relevant for adjudication of the present petitions is that the petitioner is a financial company dealing with grant of loan for the purpose of purchasing property including vehicle. The petitioner institution had given loan to the respondents for the purchase of vehicles and towards the repayment of loan, the respondents had issued respective cheques in favour of the petitioner from their banks. Subsequently, there was a default on the part of the respondents in repayment of the loan amount. When the said cheques issued by the respondents in favour of the petitioner were put for clearance in the bank of petitioner's establishment at Rajnandgaon, the same got dishonoured and the bank of the respondents intimated to the bank of the petitioner that the respective bank accounts of the respondents do not have sufficient fund. Subsequently, after compliance of the mandatory requirement as required under the Negotiable Instrument Act, the complaint cases were filed before the JMFC, Rajnandgaon registered as Complaint Case Nos. 1171/2013, 773/2014, 1380/2013 & 1254/2013.

(3.) Notices were also issued to the respondents. The respondents upon appearance filed a preliminary objection that the Court at Rajnandgaon not having the territorial jurisdiction as per the unamended provision of Negotiable Instrument Act, the complaint cases should have been filed at the place where the bank account of the respondents situated.