MOHAMMED IRFAN Vs. SAASWATH KRIT WEARS AND ORS.

JUDGEMENT

(1.) Criminal Revision is directed against the order made in CMP No. 792 of 2012 dated 12.10.2012 in C.C.No. 244 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 two cheques dated 23.03.2009 bearing Nos. 860362 and 860363 each for a sum of Rs.2,00,000/-. cheques presented in Corporation Bank by the respondent have been returned with an endorsement dated 24.03.2009 "FUNDS INSUFFICIENT". Thereafter, the respondent issued a statutory notice dated 02.10.2009, which has been acknowledged on 13.10.2009 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. 244 of 2009 by the learned Judicial Magistrate, Palladam.

(3.) It is admitted by the learned counsel for the parties in this revision petition that when C.C.No. 244 of 2009 was posted for cross examination of PW1, CMP No. 792 of 2012 under Section 191 Cr.P.C., was filed by the revision petitioner to dismiss the complaint on the ground that it has no territorial jurisdiction to take cognizance of the case or in the alternative to direct the respondent/complainant to file the complaint before the appropriate Court at Tiruppur or Coimbatore, having territorial jurisdiction.