ANKIT GOYAL Vs. RAM BILASH SHARMA

JUDGEMENT

(1.) Petitioner Ankit Goyal has filed the present petition under Section 482 Cr.PC for quashing the orders dated 29.5.2015 (Annexure P-24) and 28.8.2015 (Annexure P-27). Vide order dated 29.5.2015, learned Magistrate had dismissed the application moved by the petitioner-accused for dismissal of the complaint for want of jurisdiction, whereas vide order dated 28.8.2015, learned Sessions Judge has dismissed the revision petition against order dated 29.5.2015 passed by the Judicial Magistrate 1st Class, Bhiwani.

(2.) Briefly stated, the respondent-complainant has filed the criminal complaint against the petitioner-accused under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act). When the case was pending before the trial Court, the petitioner moved an application for dismissal of the complaint for want of jurisdiction on the premises that the cheques in question were never issued in favour of the respondentcomplainant, rather, the same were stolen in the area of Chirawa City, Rajasthan and this fact was brought to the notice of the concerned bank as well as the local police of Chirawa. Despite the aforesaid report, the complainant filed the present complaint on the basis of the aforesaid cheques. It was further pleaded that the drawee bank is situated at Chirawa and, therefore, the Court at Bhiwani has no jurisdiction to try the complaint. Accordingly, dismissal of complaint for want of jurisdiction was sought with a further direction that the matter be transferred to the learned Court having jurisdiction over the matter i.e. Chirawa in Rajasthan.

(3.) The learned Magistrate had dismissed the application of the petitioner-accused vide order dated 29.5.2015 by observing as under: