RAM KUMAR AVASTHI Vs. DARBARA SINGH

JUDGEMENT

(1.) Reportable Heard learned counsel for the parties.

(2.) The instant misc. petition has been preferred by the petitioner challenging the order dated 2.6.2010 passed by the learned Additional Sessions Judge No.1, Sri Ganganagar rejecting the revision petition filed by him against the order dated 12.3.2010 passed by learned Special Judicial Magistrate (NI Act Cases), Sri Ganganagar in Criminal Case No.227/2009. The petitioner, who is facing trial in the court of learned Special Judicial Magistrate (NI Act Cases), Sri Ganganagar in Criminal Case No.227/2009, filed an application praying that the proceeding of the complaint filed in the Court of learned Special Judicial Magistrate (NI Act Cases), Sri Ganganagar was without jurisdiction as the Court at Sri Ganganagar had no territorial jurisdiction to try the case.

(3.) Succinctly stated the facts necessary for the disposal of the instant misc. petition are that the respondent Darbara Singh filed a complaint in the Court of A.C.J.M., Sri Ganganagar against the petitioner with the allegation that the petitioner handed over a cheque of Rs. 40,000.00 payable at UCO Bank, Jaitsar to the complainant on 31.8.2007. The complainant alleged that the cheque was handed over to him by the accused at Sri Ganganagar with the assurance that the same would be honoured on being presented to the bank. The complainant further alleged that he presented the cheque for encashing in his bank i.e. UCO Bank, Jaitsar on 11.9.2007 from where an intimation was received that the funds were insufficient in the account held by the accused. Thereupon, the complainant gave a legal notice to the accused through his counsel at Sri Ganganagar. When the payment was not forthcoming despite the receipt of the notice, a complaint was filed in the court of learned A.C.J.M., Sri Ganganagar from where the same has been transferred to the Court of learned Special Judicial Magistrate (NI Act Cases), Sri Ganganagar.