LINGINENI SRINIVASA RAO Vs. STATE OF A P

JUDGEMENT

(1.) The present Criminal Revision case is filed challenging the order dated 29-6-2012 in C.C.S.R. No. 4106 of 2012 passed by the learned X Metropolitan Magistrate, Cyberabad, at Malkajgiri Ranga Reddy District, whereby the learned Magistrate refused to take cognizance of the case on file on the ground of jurisdiction. The revision petitioner preferred a complaint before the learned Magistrate invoking Section 138 of Negotiable Instruments Act. The learned Magistrate returned the said complaint on the ground that the cause of action does not arise within the jurisdiction of the said Court. Hence, the revision petitioner has preferred the present Criminal Revision Case against the said order.

(2.) Heard both sides.

(3.) On perusal of the record, it is evident that the complainant has deposited a cheque in Canara Bank, Kapra Branch, Ranga Reddy District, which is situated within the local jurisdiction of the said Court. Hence, it is the duty of the learned Magistrate to take cognizance, since cause of action also arise where the complainant bank is situated. Under these circumstances, the Criminal revision case is allowed and the learned Magistrate is directed to take cognizance of the case if the complainant established the fact that he deposited the cheque in Canara Bank, Kapra Branch, Ranga Reddy, District, which is in the jurisdiction of the concerned Court.