RAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned AGA for the State.

(2.) By this writ petition, the petitioner has challenged the order dated 3.10.2012 passed by the Additional District and Sessions Judge, Court No.12, Ghaziabad in Criminal Revision No. 239 of 2012 as also the order dated 24.4.2012 passed by the Judicial Magistrate / Additional Civil Judge (Junior Division) Court No.2, Ghaziabad in Complaint Case No.849 of 2011 whereby the application of the petitioner, seeking discharge on ground of lack of territorial jurisdiction of the Court, has been rejected.

(3.) The facts, as they appear on the record, are that opposite party no.2 filed a complaint at Ghaziabad alleging therein that three cheques drawn on Oriental Bank of Commerce, Shah Satnamji Nagar, Sirsa were issued by the accused (the petitioner herein) in favour of the complainant for discharge of his liability, which were deposited by the complainant at Oriental Bank of Commerce, Extension Counter, Diwakar Model School, Shyam Park Extension at Sahibabad, Ghaziabad for collection. They returned unpaid vide bank memo dated 13.5.2008 for insufficient fund in the drawer's account. When the complainant contacted the accused with regards to the dishonour of the cheques, the accused requested the complainant to re-present the cheques. Consequently, the cheques were re-presented for collection in the aforesaid bank and they again returned unpaid vide bank memo dated 10.6.2008 with remark of there being insufficient funds in the account. Consequently, on 17.6.2008, a notice of demand was given to the accused under registered post but the accused failed to make the payment and, as such, the complaint was filed with a prayer to punish the accused under Section 138 of the N.I. Act as also under Sections 406 and 420 IPC.