ARUN KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this Criminal Misc. Petition, order dated 26.2.2008 passed by the Chief Judicial Magistrate, Churu has been challenged.

(2.) Before going into the merits of the case, learned Counsel for petitioner was asked to address this Court regarding maintainability of the petition before Permanent Bench of Rajasthan High Court at Jaipur.

(3.) learned Counsel for petitioner submits that a case Under Section 138 of the Negotiable Instrument Act (for short 'the Act') has been initiated at Churu though cheque bearing No. 50158 was issued for Bank of Punjab Limited, Station Road, Jaipur. The complainant deposited cheque in a saving bank account at Churu, but was dishonoured by Bank of Punjab Limited at Jaipur. The cause of action to the complainant, thus, arose at Jaipur. It is stated that even if case is tried at Churu, a petition Under Section 482 of the Code of Criminal Procedure (for short 'the Cr.P.C') can be maintained before the Jaipur Bench as cause of action to the complainant arose at Jaipur. By giving reference of the judgment of the Hon'ble Apex Court in the case of Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd.,2001 3 CCC 238 it is submitted that Section 138 of the Act attracts even where the cheque is presented on the bank for its encashment and accordingly the cause of action in the present matter arose within the territorial jurisdiction of Jaipur Bench. Reference of judgment in the case of M.S. Santoshkumar v. K.G. Mohanan,2008 2 NIJ 548 has also been given to show the territorial jurisdiction of the Court. It is lastly urged that the issue aforesaid has been decided by this Court in the case of State of Rajasthan and Anr. v. Smt. Rekha Mahawar and Ors., 2009 4 RajLW 3201 . In the aforesaid case, issue of territorial jurisdiction between Jaipur Bench and Jodhpur Seat of Rajasthan High Court was decided and in reference to the aforesaid judgment, a petition Under Section 482 Cr.P.C. is maintainable before Jaipur Bench, even if the order impugned herein has been passed by the Chief Judicial Magistrate, Churu.