SUBRATA MUNSI Vs. ICICI BANK LIMITED

JUDGEMENT

(1.) This Revisional application is directed against the order dated 12.06.2006 passed by learned Metropolitan Magistrate 10th Court Calcutta in Complaint Case No. 1408 of 2006 rejecting the petition of the defence/ petitioner challenging the territorial jurisdiction of the Court for trial of the case for offence under Section 138 of Negotiable Instrument Act.

(2.) Mr. Dipankar Dhar, learned Advocate appearing for the petitioner has contended that each and every part of action for constituting the alleged offence under Section 138 of the Negotiable Instruments Act, took place beyond the jurisdiction of the Court, which took cognizance of the offence. According to him a cheque of Rs. 20,586/- was issued by the petitioner/ accused in favour of the respondent No. 1, ICICI Bank to defray a loan granted by the said bank which was presented in another branch of the said Bank and was dishonoured by the Bank on the ground of insufficiency of fund when the respondent No. 1 sent an Advocate's letter to the accused/ petitioner demanding payment of the cheque amount which the petitioner failed to comply with.

(3.) The undisputed facts of the case which invites this Court to drive upon for ascertaining the jurisdiction of the learned Court below to entertain such petition of complaint, can be summarized as follows : - The cheque was issued by the drawer Subrata Munsi for an amount of Rs. 20,586/- drawn upon his Bank that is ICICI Bank Limited, Bhawanipore Branch situated at 1-A, Ashutosh Mukherjee Road, Bhowanipore, Kolkata 700 020 beyond the jurisdiction of the Court of learned Metropolitan Magistrate that is the trial Court. The cheque was presented by the said Bank to the ICICI Bank at 3A Gurusaday Road, Kolkata 700 019 for encashment on 17th January, 2006. But the cheque was dishonoured by the ICICI Bank, Bhawanipore Branch for insufficient fund in the account of the accused. Both these Banks are situated beyond the jurisdiction of the learned Court below.