GANDHARB SINGH Vs. KRISHAN LAL

JUDGEMENT

(1.) Mr. Attri, Advocate, appearing on behalf of respondent very fairly submitted that the complaint is not maintainable so far as petitioner No. 2 is concerned in view of the judgment of the Hon'ble Supreme Court rendered in case titled, "Alka Khandu Avhad vs. Amar Syamprasad Mishra and Anr., reported in 2021 (4) SCC 475." As such, in view of the law laid down by the Hon'ble Supreme Court in the judgment (supra), the proceedings against the petitioner No. 2 are quashed.

(2.) Now, the only issue that requires to be considered is with regard to the territorial jurisdiction of the Court to try an offence under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as the "Act"). Sec. 142(2) of the Act provides as under:-

(3.) Learned counsel for the petitioners contends that initially the respondent presented a cheque for encashment with his Bank at Jammu and even issued notice, but he did not file any complaint pursuant to the said notice and thereafter, the respondent presented the cheque and filed a complaint before the learned Sub-Judge (Special Mobile Magistrate), Rajouri (hereinafter referred to as the "Trial Court").