BHAGWATI KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed on behalf of the accused petitioner Bhagwati Kumar challenging the orders dated 19.2.2011 and 9.4.2012 passed by the learned Special Judicial Magistrate (N.I. Act Cases) Sriganganagar in Complaint Case No. 195/2011 taking cognization and reading over the accusation to him for the offence under Section 138 of the N.I. Act and the order dated 19.10.2012 passed by the learned Addl. Sessions Judge, No. 2, Sriganganagar in revision, whereby the aforesaid orders have been affirmed. Learned counsel Mr. Hemant Jain submits that the orders impugned passed by the learned Courts below as well as all the proceedings of the complaint are illegal and amount to an abuse of process of the Court. He submits that the learned Special Judicial Magistrate (N.I. Act Cases), Sriganganagar is not seized of the territorial jurisdiction to try the case. He further submits that the legal notice for demand of money, which was allegedly sent by the complainant to the petitioner was not served on the petitioner. It was received by one Kamal Kumar and therefore, the proceedings of the complaint are absolutely illegal and amount to an abuse of the process of the Court.

(2.) Learned counsel placed reliance on the decision of this Court in the case of M.D. Thomas vs. P.S. Jaleel & Anr., 2009 14 SCC 398 in support of his argument and submitted that the instant misc. petition deserves to be accepted and the proceedings of the Complaint No. 195/2011 pending in the Court of learned Special Judicial Magistrate (N.I. Act Cases), Sriganganagar deserve to be quashed.

(3.) Heard and considered the arguments of the learned counsel for the petitioner and the learned Public Prosecutor and perused the orders impugned passed by the Courts below and the documents field along with the documents.