GE CAPITAL TRANSPORTATION FINANCIAL SERVICES LTD Vs. AJIT TARMOHAMAD MAJOTHI PROP. AJIT TARMOHAMAD GODHIA

JUDGEMENT

(1.) VIDE this common order, I shall dispose of CRL.REV.P. 271/2010, CRL.REV.P. 286/2010, CRL.REV.P. 288/2010, CRL.REV.P. 293/2010, CRL.REV.P. 294/2010, CRL.REV.P. 295/2010 and CRL.REV.P. 375/2010 as the question which has to be decided in all these Revision Petitions is: Whether a place where a cheque is deposited for collection and returned dishonoured and the place where legal notice of demand under Section 138 of Negotiable Instruments Act, 1881 is issued, claiming the amount and failure to pay the amount covered by the cheque, would have territorial jurisdiction to try the accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short NI Act) or would it be only the Court exercising territorial jurisdiction over the drawee bank or the bank on which the cheque is drawn?

(2.) THESE Revision Petitions are directed against the order dated 30th March, 2010 passed by learned Metropolitan Magistrate, in the complaint filed by the Revisionist under Section 138 of NI Act on the ground that the Court does not have the jurisdiction to entertain and try the complaint. The complainant was directed to file the complaint before the Court of competent jurisdiction. The complaint was returned under Section 201 of the Code of Criminal Procedure.

(3.) REVISION petitions are filed on the ground that complainant is Non - Banking Financial Company incorporated and existing under the Companies Act, 1956 having its registered office at AIFACS Building, 1 Rafi Marg, New Delhi. The respondent in Crl.Rev.bearing No.288/2010, 294/2010, 295/2010 and 375/2010 resides/works for gain at House No.140, Village Kheda, Gujjar Tehsil, Rohtak whereas respondent in Crl.Rev. No.271/2010, 286/2010 and 293/2010 resides/works for gain at Jay Ambe Society at Aram Bada, Post Mitha Pur, Jam Nagar. In all the cases, the respondent approached the petitioner company for availing loan facility and pursuant to their request, a loan facility was granted and the loan amount was disbursed to the respondent which was to be repaid along with interest. In discharge of their liabilities, the respondents issued the cheques which were presented by the complainant through its bank (Collecting Bank) to the accused Bank (Drawee Bank) through the clearing house of the Reserve Bank of India at New Delhi but the cheques were dishonoured at New Delhi by the bank of the respondent with the remarks INSUFFICIENT FUNDS IN ACCOUNT. A statutory notice was sent to the respondent by registered AD post from New Delhi demanding the payment of the cheque amount, however, the respondent failed to repay the cheque amount despite service of statutory notice and expiry of the mandatory period of 15 days, thus, the complaint under Section 138 r/w Section 142 of NI Act was filed against the respondent.