GYAN PRAKASH SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 03-04-2012 passed by the learned Sub Divisional Judicial Magistrate, Darbhanga in C.R. No. 362 of 2012 by which, cognizance under Section-138 of the Negotiable Instrument Act has been taken against the petitioner.

(2.) Heard the parties.

(3.) It has been submitted on behalf of the petitioner that no notice was ever served on him prior to filing of this case. It has further been submitted that cheque was issued in Pune and, therefore, Darbhanga Civil Court has got no jurisdiction. On the other hand, in reply to the submission made by learned counsel for the petitioner, learned counsel for opposite party No. 2 has submitted that notice was issued to the petitioner by registered post but neither the service report was received nor the notice was returned. He has further submitted that the cheque was presented in the Bank in Darbhanga where the same was dishonoured and therefore, Darbhanga court has got jurisdiction to entertain the complaint petition. It appears that the cheque amounting to Rs. 3,00,000.00 (three lacs) had bounced.