HARJINDER SINGH Vs. KARAMJIT KAUR BATH

JUDGEMENT

(1.) Present petition under Sec. 482 of the Code of Criminal Procedure is for setting-aside judgment dtd. 22/9/2014 (Annexure P/2) passed by learned Judicial Magistrate Ist Class, Jalandhar whereby the complaint filed by the petitioner under Sec. 138 of the Negotiable Instruments Act (for short, "the Act") titled and Harjinder Singh v. Dr. Karamjit Kaur Bath, was ordered to be returned to the petitioner/complainant with a direction to present the same before the appropriate Court and the judgment dtd. 12/12/2014 (Annexure P/4) passed by learned Additional Sessions Judge, Jalandhar vide which the revision filed by the petitioner against the judgment dtd. 22/9/2014 passed by learned trial Court, was dismissed.

(2.) Learned counsel for the petitioner contended that the petitioner had filed complaint under Sec. 138 of the Act at Jalandhar as the cheque in question was issued at Jalandhar and the same was presented at branch of the bank at Jalandhar and was dishonoured and thereafter the complaint was filed under Sec. 138 of the Act at Jalandhar. However, the said complaint was ordered to be returned by learned trial Judge to the petitioner-complainant with documents against receipt and to file the same with the appropriate Court. The said order has been passed in the light of the judgment passed by Hon'ble Apex Court in Dashrath Rup Singh Rathod v. State of Maharashtra and another, 2014(3) RCR (Crl.) 904. The revisional Court also dismissed the revision petition filed by the petitioner.

(3.) As per learned counsel for the petitioner, in view of the amended provisions of the Negotiable Instruments Act Ordinance 2015, which came into force on 15/1/2015, the cheque was to be presented where the account is being maintained. For ready reference, relevant amendment in Sec. 142 of the Act is being extracted hereunder :-