DEVSARIA FILLING STATION KALANAUR Vs. VNR AUTO LOGISTICS

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This Court had issued notice of motion for final disposal on Aug. 16, 2016 in view of the short controversy about the territorial jurisdiction of the Court in the matter of dishonour of cheque in the sum of Rs. 3,41,557/-

(3.) The petitioner-complainant had filed his complaint on 02.08.2013 under Sec. 138 of Negotiable Instruments Act, 1881 (for short the 'Act') in the Court of learned Judicial Magistrate 1st Class, Rohtak. The drawee bank was obviously at Rohtak where the cheque was presented by the petitioner and was dishonoured. The cheque bearing No.015538 of Tamilnadu Mercantile Bank Ltd., Chennai was issued on 05.06.2013 by the accused. After filing of the complaint, the trial Court on 05.10.2013 had issued summoning order-Annexure P-3 to the accused and the said accused had appeared before the Court at Rohtak on March 22, 2014 along with his counsel after obtaining bail. Thereafter on 01.07.2014 examination-in-chief of the complainant was recorded but his cross examination was deferred.