NALLAMILLI THEMINI REDDY Vs. BUNGA VIJAYA KUMARI

JUDGEMENT

(1.) THIS Revision Case has been filed against the order, dated 27-06-2008 in an unnumbered C. C. S. R. No. 7 of 2008, filed under Section 138 of the Negotiable instruments Act, on the file of the V Additional Junior Civil Judge, Kakinada.

(2.) WHEN the complainant presented the complaint, the lower Court returned the same on the ground that the said Court has no jurisdiction to entertain the complaint and to present the same before proper Court. The complainant is a resident of Ramachandrapuram. He presented the cheque in Bank of Baroda, ramachandrapuram for collection, but the same was returned with an endorsement "funds insufficient". He issued a notice through an Advocate at Kakinada and the same was received by the Accused, therefore, the complainant filed the case at Kakinada. The lower Court returned the complaint by observing that the complainant did not mention in the notice that he is temporarily residing at kakinada.

(3.) THE learned counsel for the petitioner cited a decision reported in K. BHASKARAN v. SANKARAN VAIDHYAN BALAN, 1999 CRI. L. J. 4606 to the effect that the complaint can also be filed from the place where the notice was issued. Though the lower Court did not dispute the said proposition, gave the above finding and returned the complaint. In K. BHASKARAN's case (1 supra), the Supreme Court held that: