NADRESS TU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Legality, propriety and correctness of the order dt. 22/6/2022, passed by the learned SDJM, Hojai in N.I. Case No. 03 of 2022, under sec. 138 N.I. Act, is challenged in this revision petition, under sec. 397/401 read with sec. 482 of the Code of Criminal Procedure, by the petitioner- Shri Nadress TU. Be it mentioned here that vide impugned order, the learned court below had dismissed the case for want of territorial jurisdiction.

(2.) Heard Mr. S. Nawas, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Addl. P.P. for the state respondent.

(3.) Mr. Nawas, learned counsel for the petitioner, submits that the learned court below had dismissed the complaint on the ground that under sec. 142(2) of the N.I. Act it had no jurisdiction as the cheque in question is a bearer cheque, which according to Mr. Nawas is an outcome of misreading of the relevant provision. Mr. Nawas further submits that there is no classification of cheque, be it cross cheque or bearer cheque, for filing a case under the N.I. Act and as such dismissing the complaint for being the cheque in question is a bearer cheque, is nothing but a misconception. It is further submitted that the petitioner has one account in the State Bank of India, Hojai Branch and he being the holder of the cheque had presented the same in his Bank at Hojai and in view of Sec. 143(2)(a) of the N.I. Act the learned court below has the jurisdiction to try the same and as such the impugned order suffers from manifest illegality, and therefore, it is contended to set aside the same.