BABAR SHAH Vs. MADAN SINGH AGRAWAL

JUDGEMENT

(1.) THIS petition under Section 482 of Cr.P.C. assails the framing of charge on 22/02/2012 for the offence punishable under Section 138 of Negotiable Instruments Act against the applicant by the Judicial Magistrate First Class, Shivpuri in Criminal Case No. 528/2009. The above said challenge is primarily based on the ground that no offence of dishonor of cheque punishable under Section 138 of Negotiable Instruments Act is made out against the petitioner on the reading of the allegation contained in the complaint of the respondent. Further ground raised by the petitioner is of territorial jurisdiction by contending that all the ingredients of the offence under Section 138 of Negotiable Instruments Act have been committed outside the District Shivpuri and therefore, JMFC, Shivpuri has no jurisdiction to take cognizance, and framed charge.

(2.) A bare perusal of the complaint filed by the respondent and also facts narrated by the petitioner in the present petition, it becomes crystal clear that the cheque dated 01/01/2009 of Rs. 1,00,000/ - was drawn and issued by the petitioner /accused at Shivpuri and also the said cheque was presented for encashment by the respondent/ complainant at Shivpuri Branch of Bank of Baroda on 19/01/2009.

(3.) AS regards the merits of the case it is seen from the allegation contained in the complaint that basic ingredients for making out prima facie case against the petitioner of offence punishable under Section 138 of Negotiable Instruments Act are present and therefore, the Court below has not committed any error, impropriety or illegality in framing charges against the petitioner. Consequently, the instant petition under Section 482 of Cr.P.C. deserves to be and is therefore, rejected without any order as to cost.