NAROTTAM BASTIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 482, Cr.P.C., 1973 assailing the order dated 19.02.2016 passed by the learned Sessions Judge, Cuttack in Criminal Revision No. 25 of 2015 setting aside the order dated 04.05.2015 passed by the learned J.M.F.C., Cuttack in I.C.C. Case No. 916 of 2013 solely on the point of jurisdiction of the court to try a case initiated under section 138 of the Negotiable Instruments Act (for short 'the Act').

(2.) The present opposite party No. 2 filed the private complaint against the present petitioner on 26.08.2013 alleging an offence under Section 138 of the Act with the submission that the present petitioner as accused therein had issued a cheque in his favour dated 17.07.2013 drawn on HDFC Bank, Bhubaneswar to discharge some previous liability. But the said cheque was dishonoured by the bank due to insufficiency of funds and despite statutory notice, the accused did not make payment of the cheque amount. Learned S.D.J.M., Cuttack took cognizance of the offence and issued notice to the accused who appeared through his counsel on 17.01.2014. On 29.01.2014 the charge was read over to the representing lawyer and it having been denied, the case was posted for hearing. On 16.07.2014 the complainant filed an affidavit evidence and the matter was adjourned to 29.10.2014 for hearing. Thereafter the matter was further adjourned and on 28.11.2014 the counsel for the accused filed a petition for supply of copies of documents and the case was adjourned to 20.12.2014 for filing of objection. The matter was heard on 27.01.2015 and on 04.05.2015, the learned J.M.F.C., Cuttack to which court the case was transferred from the court of S.D.J.M., Cuttack passed the order holding that his court had no jurisdiction to try the case since the cheque in this case was presented in the Bank at Bhubaneswar and taking of evidence had not started in the case, in view of the judgment passed by the Hon'ble Supreme Court in Dasharath Rupsingh Rathod v. State of Maharashtra, and another (2014) 59 OCR (SC) 289 : (AIR 2014 SC 3519) wherein it was held that :-

(3.) The said order was challenged before the learned Sessions Judge, Cuttack in Criminal Revision No. 25 of 2015. Learned Sessions Judge analyzing the position of law held in Rupsingh Rathod's case (AIR 2014 SC 3519) (supra) and relying upon another decision of the Hon'ble Apex Court in Ultra Tech Cement Ltd. v. Rakesh Kumar Singh and another (2015) 61 OCR (SC) 413 : (AIR 2015 SC 2512) held that the evidence had already commenced in course of the trial before the learned trial court and hence, the trial court at Cuttack had jurisdiction in view of the specific observation in Rupsingh Rathod's case.