MANJUL Vs. WASIM SHEIKH

JUDGEMENT

(1.) BEING aggrieved by the order dated 20.1.2009 passed by JMFC, Indore, in Criminal Case No. 10 of 2008, whereby line private complaint filed by the petitioner under Section 138 of Negotiable Instruments Act (which shall be referred hereinafter as N.I. Act), was dismissed on the ground that the learned Court below in having no jurisdiction to entertain the complaint on account of want of territorial jurisdiction, present petition has been filed.

(2.) SHORT facts of the case are that the petitioner filed a private complaint under Section 138 of N.I. Act against the respondent who is resident of Dewas, alleging that a cheque was issued by the respondent which was dishonoured. It was alleged that in spite of notice amount was not paid. It was prayed that petition be allowed and respondent be convicted.

(3.) LEARNED Counsel for the petitioner argued at length and submits that the impugned order is illegal, incorrect and deserves to be set aside. It is submitted that the impugned order is without any basis.