SHYAMAPADA MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenging that no part of cause of action has arisen within the territorial jurisdiction of the learned Metropolitan Magistrate, Fourth Court at Calcutta in complaint case No. C/32259/08 under section 138 of the Negotiable Instruments Act, the petitioner has approached this Court praying for quashing of the impugned criminal proceeding. The allegation in the petition of complaint is to the fact that the petitioner had applied for financial assistance to the opposite party No. 2/corporation. Such loan was sanctioned and was disbursed to the petitioner. In repayment of such loan, the petitioner issued a cheque bearing No. 963193 dated August 13, 2008 amounting to Rs. 2,89,378/- (Rupees two lakh eighty nine thousand three seventy eight) only drawn on UCO Bank Rajagram Branch, Bankura. The cheque was presented for encashment to the Indian Bank, Bankura Branch. On presentation the cheque returned unpaid with the endorsement "funds insufficient". The opposite party No. 2, through its lawyer, issued a demand notice dated September 18, 2008 upon the petitioner, who received the said notice at village Angaria, District - Bankura, but failed to make the payment.

(2.) The learned Chief Metropolitan Magistrate, Calcutta took cognizance of the alleged offence and transferred the case to the learned Metropolitan Magistrate, Fourth Court at Calcutta for trial and disposal.

(3.) The petitioner appeared before the learned Magistrate and the matter has been fixed for recording plea. At this stage, the petitioner has approached this Court praying for quashing of the impugned proceeding on the ground that the learned Magistrate lacks territorial jurisdiction to try the aforesaid case.