GREEN ELECTRIC Vs. HERO EXPORTS

JUDGEMENT

(1.) By way of filing the present petition under Section 482 Cr.P.C., petitioner M/s Green Electric and its Proprietor Kunta Sai Kumar, a resident of Hyderabad (Andhra Pradesh) seek quashing of complaint under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881(hereinafter referred to as the Act) pending in the Court of Judicial Magistrate Ist Class, Ludhiana as well as order dated 19.9.2015 vide which the petitioners have been summoned to face trial and other consequential proceedings arising therefrom.

(2.) According to the petitioners, the complainant M/s Hero Exports, New Delhi which is respondent in this petition had filed a complaint under Section 138 of the Act against the present petitioners, which was pending before Addl. Chief Metropolitan Magistrate at New Delhi. While the case was at the stage of service of accused, the said Magistrate returned the complaint to be filed before the Court of competent jurisdiction in view of judgment rendered by the Apex Court in Dashrath Rupsingh Rathod Versus State of Maharashtra and Anr. As a matter of fact the entire dealing between the parties had taken place at New Delhi. The cheques issued by the petitioner were from the banks situated at Hyderabad, which were presented by the respondent with ICICI Bank at Delhi on 6.9.2011. The trial Court at Delhi had earlier rightly returned the complaint in view of the judgment delivered in Dashrath Rupsingh's case (supra) since the complaint was to be presented at Hyderabad as cause of action had arisen there because banker of the accused has address of that place and cheques were dishonoured there. However, instead of presenting the complaint afresh at Hyderabad, it was presented at Ludhiana, that too, after a gap of nine months. Learned Judicial Magistrate Ist Class, Ludhiana, while relying upon the Negotiable Instruments (Amendment) Ordinance, 2015 accepted the complaint and vide impugned order dated 19.9.2015 proceeded to summon the petitioner. The Bill relating to Negotiable Instruments (Amendment) Ordinance, 2015 was eventually accepted as Negotiable Instruments (Amendment) Act, 2015 w.e.f. 26.12.2015. According to the Ordinance as well as the Amendment Act, Sub-Section (2) was inserted in Section 142 of the Principal Act, which reads as under:-

(3.) Thus, the Court at Ludhiana does not have jurisdiction. Therefore, the petition be accepted.