MOHAMMED IRFAN Vs. MAHAMMED SABIR

JUDGEMENT

(1.) CRIMINAL Revision is directed against the order made in CMP No. 651 of 2012 dated 12.10.2012 in C.C. No. 250 of 2009 on the file of the learned Judicial Magistrate, Palladam, dismissing the petition filed under Section 191 Cr.P.C.

(2.) MATERIAL on record discloses that the petitioner, has issued four cheques dated 15.10.2009 bearing Nos. 360370 to 360373 each for a sum of Rs.1,99,000/ -. cheques presented in ICICI Bank by the respondent have been returned with an endorsement dated 16.10.2009 on the depositor's instruction to stop payment. Thereafter, the respondent issued a statutory notice dated 24.10.2009, which has been acknowledged on 28.10.2009 by the petitioner, alleging commission of offences under Section 138 of the Negotiable Instruments Act. Complaint preferred has been taken on record in C.C. No. 250 of 2009 by the learned Judicial Magistrate, Palladam.

(3.) FACTS in nutshell are that Cheques Exs.P1 to P4, were issued at Coimbatore, drawn in ICICI Bank, deposited for collection at Corporation Bank, Coimbatore, now at Tiruppur District. Return memos were issued from Tiruppur and Coimbatore District. Statutory notice Ex.P10 was issued and received by the petitioner/accused at Coimbatore. Thus, it was argued before the learned Judicial Magistrate, Palladam that merely because the statutory notice was issued from Palladam, the Court lacked jurisdiction. Opposing the said Crl.M.P. No. 651 of 2012, the respondent has contended inter alia that the Court at Palladam had jurisdiction. Objections were also raised that petition filed under Section 191 Cr.P.C., was only with an intention to drag on the proceedings and to defeat the claim of the cheque amount.