MOHD. IMRAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY these two applications, the petitioner who is the proprietor of M/s. Imram and Co. having its office at 37/2, Parade Poultry Market, Police Station Kotwali, Kanpur has challenged the order dated 10.3.2008 by which the Judicial Magistrate, Patna has taken cognizance for the offences punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act") and Section 422 of the Indian Penal Code in Complaint Case Nos. 2364(C) and 2363(C) of 2007 on the ground that the Courts at Patna did not have the territorial jurisdiction to conduct an inquiry and trial at Patna under Sections 177 and 178 of the Code of Criminal Procedure ?

(2.) THE facts are that the complainant-M/s. Amricon Agrovet (P) Ltd. is a registered company under the Companies Act and has its office at Fraser Road, Patna. The company promotes the business of production and selling of poultry feeds. The petitioner No. 1 is the company and the petitioner No. 2 is the proprietor of the company which used to purchase poultry feed from the complainant company. It is said during the course of business, a huge credit became due from the petitioners. Then the credit balance reached to a sum of Rs. 7, 98,000/-, the complainant asked the petitioner to clear off all the dues. In view the aforesaid request, the petitioner issued 9 post-dated cheques of State Bank of India, Kanpur branch (which are the subject matter of Complaint Case No. 563-C of 2007) and 4 post-dated cheques of State Bank of India, Kanpur branch which are the subject matter of complaint case No. 2364-C of 2007). The details of the cheques are given in the complaint petition. The complainant deposited the aforesaid cheques in the Punjab National Bank, Birhana Road branch, Kanpur which were dishonoured on 18.5.2007 and 24.5.2007 respectively. The complainant thereafter served legal notice on 21.6.2007. It is alleged that after receiving the legal notice, no steps were taken by the petitioner to make payment of the said credit amount, and as such the two complaints cases have been instituted.

(3.) THE undisputed facts are that the cheques were issued by the petitioner on various dates with respect to the credit amount. Out of the 13 cheques, 4 cheques were presented for encashment in the Punjab National Bank, Kanpur on 18.5.2007 whereas the rest 9 cheques were presented for encashment on 24.5.2007. When the cheques got dishonored, the complainant sent legal notice on 16.6.2007 with respect to the 4 cheques and 21.6.2007 with respect to the 9 cheques, whereas the complaints were filed on 17.8.2007.