HANSRAJ Vs. PANCHARAM

JUDGEMENT

(1.) HEARD . The present misc. petition has been filed by the petitioner challenging the proceedings of Criminal Complaint No. 381/2008 pending in the Court of the learned Additional Chief Judicial Magistrate, Makrana under Section 138 of the Negotiable Instruments Act.

(2.) ASSAILING the said proceedings, learned counsel for the petitioner submits that as per the admitted allegations and averments in the complaint, none of the causes of action in relation to the offence under Section 138 of the Negotiable Instruments Act has taken place within the territorial jurisdiction of the Court at Makrana and thus, the trial of the case at Makrana is not permissible. In support of his submissions, learned counsel relies upon a decision of Hon'ble Apex Court rendered in the case of M/s. Harman Electronics (P) Ltd. & Anr. vs. M/s. National Panasonic India Ltd. reported in AIR 2009 SC 1168. He submits that from the admitted allegations of the complaint, the cause of action has arisen within the jurisdiction of the P.S. Sanganer.

(3.) IN view of the above, the present misc. petition is allowed and now it is directed that the trial of the case filed by the respondent and pending in the Court of A.C.J.M., Makrana shall be transferred to a Court at Jaipur having jurisdiction to try the case falling within the area of the Police Station Sanganer, Jaipur. The C.J.M., Jaipur is directed to assign the case to a Court having jurisdiction for trial of the case in accordance with law. Both the parties are directed to appear before the C.J.M., Jaipur on 17.2.2012 whereafter, the matter shall be proceeded in accordance with law and looking to the fact that the complaint is pending since 2009, it is expected that the same shall be decided as expeditiously as possible. Stay petition also stands disposed of.