GAGAN SHARMA Vs. ASIAN GRANITO INDIA LTD.

JUDGEMENT

(1.) The present Criminal Revision Petition has been filed against the order dtd. 3/5/2016 (for short "impugned order") passed in complaint titled M/s Asian Granito India Ltd. Vs. Gagan Sharma by Learned Judicial Magistrate (2nd Munsiff ) Jammu, ( hereinafter called "Jammu Court") whereby the case has been returned back to the complainant ( respondent no. 2 herein) with liberty to him to present the same within 30 days to the concerned court.

(2.) The brief facts giving rise to the present revision petition are that the respondent no. 2 had filed a complaint purportedly under Sec. 138 r/w Sec. 141 of the Negotiable Instruments Act 1881 against the petitioner before the Court of Learned Chief Judicial Magistrate Ahmedabad (Rural) on 19/2/2012 which was transferred to the Court of Ld. 4th Additional Senior Civil Judge Ahmedabad Rural, Mirzapur Ahmedabad (hereinafter called for short "hmedabad Court") alleging therein that a cheque was issued by the petitioner which has been dishonoured. It is further averred that respondent has mentioned in the aforesaid complaint that petitioner/accused had purchased tiles from the respondent and issued a cheque in lieu thereof and there was nothing due against the petitioner, as such , the complaint is nothing but an abuse of process of law.

(3.) It is submitted that during the pendency of the above complaint and even before the petitioner could be served through summons the landmark judgment of the Hon'ble Apex Court in a case titled as Dashrath Rupsingh Rathod Vs. State of Maharashtra"" (Cri. Appeal No. 2287 of 2009) was pronounced dealing with the territorial jurisdiction of the cases relating to dishonour of cheques. Consequently, upon the said Judgment, the Trial Court at Ahmedabad passed an order dtd. 13/4/2015 wherein the Ahmedabad Court held that cheque has been drawn upon a bank located outside the territorial jurisdiction of that Court. Therefore, in view of the decision of Hon'ble Apex Court in the above said case the complaint was returned to the complainant to be presented in the competent criminal court located in Jammu and Kashmir. Thereafter an application was filed by the respondent no. 2 for the presentation of the above titled complaint before the Court of Ld. CJM, Jammu and complaint was transferred to the Court of learned Judicial Magistrate (2nd Addl; Munsiff) Jammu. Consequently the application was allowed and the court took the cognizance of the matter and proceedings were initiated and petitioner after being served notice appeared before the learned trial court and furnished the bail bonds to the satisfaction of trial court.