C RAVICHANDRAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE subject matter of challenge in this revisional application is a proceeding relating to the offence punishable under Sections 138/141 of the Negotiable Instruments Act, now pending before the learned Metropolitan Magistrate, 5th Court, Calcutta.

(2.) IT is contended by the learned counsel for the petitioner that the Court concerned has no jurisdiction to entertain the complaint in question inasmuch as the entire business transaction took place at Trichi and cheque in question was issued from there and the notice of demand was also served upon the accused at the same place. Consequently, no cause of action arose within the territorial limit of the court concerned before whom the aforesaid criminal proceedings are pending.

(3.) NOW in view of the fact it is not disputed that cheque in question was deposited by payee at its banker situated within the territorial limit of the court below through which the cheque in question was presented before the banker of the drawer the court below has every jurisdiction to hold the trial of the petitioner in connection with this case in question. In this regard it would be enough to refer the decision of the Hon'ble Apex Court in the case of Nishat Agarwal vs. Kailash Kumar Sharma, 2013 7 Scale 753, I find the contention of the learned counsel for the petitioner is absolutely without any force.