PRASANTA KUMAR PAL Vs. DEBASIS PATTNAIK

JUDGEMENT

(1.) In this application under Section 482 Cr.P.C., the petitioner- Prasanta Kumar Pal has sought for quashing the order of cognizance dated 15.11.2010 passed by the learned S.D.J.M., Sadar, Cuttack in I.C.C. Case No.1062 of 2010 taking cognizance against him under section 138 of the N.I.Act on theground that no part of the cause of action arose within the jurisdiction of the learned S.D.J.M., Sadar, Cuttack and the order of cognizance was passed by a court lacking territorial jurisdiction.

(2.) Shorn of unnecessary details, as would be evident from the case records, the complainant-Opp. Party No.1 is a permanent resident of the district Keonjhar, but in Column-1 of the complaint petition he has mentioned his present address as Jyotivihar, Bidanasi, Cuttack and in Column-3 he has mentioned the place of occurrence as Cuttack. Basing on these averments made in the complaint petition, the learned S.D.J.M. has proceeded to entertain the matter and exercise his jurisdiction thereunder.

(3.) The case of the writ petitioner is that while coming from Keonjhar to Cuttack on 17.9.2010 on the way to Bhubaneswar, he lost his black colour bag containing Bank of India Cheque No.910129150 and another cheque book of Indusind Bank and cash along with personal belongings. The petitioner on learning about the loss of his bag, reported the matter to the I.I.C., Nayapalli P.S. vide S.D.E. No.426 dated 21.9.2010. Accordingly, on the request of the petitioner, his Bank of India Account at Keonjhar Branch was closed on 12.3.2010. It is further submitted that the petitioner had given his reply to the demand notice on 22.10.2010. The speed post receipt and copy of the reply to the demand notice have been annexed to this application as Annexures-5 and 6 respectively.