SINGH CONSTRUCTION COMPANY Vs. GURPAL SINGH

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 08.01.2016, passed by the trial Court, vide which, the trial Court has dismissed the application for condoning the delay in refiling the complaint which was returned to the petitioner/complainant in view of the judgment of Hon'ble Supreme Court rendered in Dasrath Rupsingh Rathod vs. Stated of Maharashtra and another, 2014 3 RCR(Cri) 904, as well as for setting aside the order dated 29.04.2017, passed by the revisional Court, vide which the revision petition, filed by the petitioner, was also dismissed.

(2.) It is also prayed that in view of the amendment in Section 142 of the Negotiable Instruments Act, 1881 (for short 'the Act'), the order dated 30.09.2014, vide which the original complaint was returned to the petitioner for presentation of the same before the competent Court of jurisdiction, be also set aside.

(3.) Brief facts of the case are that petitioner filed a complaint bearing No. 1276 dated 22.10.2012 under Section 138 of the Act on account of dishonouring of a cheque issued by the respondents/accused. During the pendency of this complaint before the Judicial Magistrate First Class, Patiala, the trial Court, vide impugned order dated 30.09.2014, in view of the judgment in Dasrath Rupsingh Rathod's case (supra), held that since the cheques in question were issued by Gurdaspur-Amritsar Kshetriya Gramin Vikas Bank, Gurdaspur, the Court at Patiala has no jurisdiction to entertain the said complaint and the same along with other original documents were ordered to be returned to the petitioner/complainant for presentation before the competent Court of jurisdiction.