BHAVNA MUKESH OJHA Vs. BHUP SINGH

JUDGEMENT

(1.) THE quashing of complaint No. 85 -3 of 2010 pending in the court of Judicial Magistrate Ist Class, Court No. 3, Shimla, under section 138 of Negotiable Instruments Act, 1881 (for short, the Act) has been prayed in the petition filed under section 482 of the Code of Criminal Procedure by the petitioner.

(2.) THE facts in brief are that respondent has filed complaint under section 138 of the Act against the petitioner, which is pending in the court of Judicial Magistrate Ist Class, Court NO.3, Shimla. It has been stated in the petition that respondent has misused the blank cheque No. 809278 signed by the petitioner after filling it up and presenting it for encashment. The petitioner even lodged complaint No. 286 dated 1.2.2010 of missing cheque with Byculla, Police Station, Mumbai. It has been stated that complaint filed by the respondent is totally false and frivolous. The cheque in question has been misused and there is no lawful consideration. The respondent has no cause of action to file and maintain the complaint in the courts at Shimla.

(3.) IT has been stated that without admitting issuance of cheque in question, even if all allegations contained in the complaint are taken at their face value then also courts in Mumbai have jurisdiction and courts in Shimla have no territorial jurisdiction to adjudicate the complaint. The respondent has misused the cheque in question and complaint has been filed at Shimla with an intention to extract money by harassing the petitioner, who is an old and ailing lady. The respondent has abused the process of law by filing the complaint against the petitioner at Shimla. The prayer has been made for quashing the proceedings.