MALA BANSAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A.

(2.) This Criminal Misc. Application under Section 482 Cr. P.C. has been filed by the applicant with the prayer to quash the further proceeding of criminal case no. 53 of 2014 pending before Special Judicial Magistrate, Firozabad as well as further proceeding in pursuance of the summoning order dated 29.10.2014 under Section 138 of N.I. Act. Further prayer has been made to stay the further proceedings of the aforesaid case.

(3.) It appears that respondent no. 2 Manoj Kumar Jain had issued a cheque no. 409405 ACB/SV No. 1409405 on 14.3.2013 in favour of the applicant for an amount of Rs. 20 lacs in connection with the business transaction being done between them. The cheque was issued from the account maintained in the Amanath Co-operative Bank Limited, Bangalore. The said cheque was presented for encashment before the UCO Bank at Firozabad. The aforesaid cheque was returned back unpaid and the applicant's bank i.e. UCO Bank sent an intimation to him in this regard. In turn the applicant sent a notice to the drawer demanding an amount of Rs. 20 lacs. The amount was never paid by the respondent no. 2 to the applicant. The respondent no. 2 filed a complaint before the court situated at District Firozabad, Uttar Pradesh. The accused respondent was summoned and he appeared and obtained bail from the court concerned. During the pendency of the trial an application was moved by the accused respondent with the prayer that since the cheque has been dishonoured at Bangalore, therefore, in view of the law laid down in Dashrath Rupsingh Rathod Vs. State of Maharashtra and another, 2014 86 AllCriC 882 (SC) the court situated at Bangalore has only jurisdiction to try the matter. Objection was filed by the applicant before the court below.