NARESH CHANDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition under S. 482, Cr.P.C. is directed against the order dt. 27-1-99 of the Addl. Chief Judicial Magistrate, Sri Ganganagar whereby he rejected the application of the petitioner-accused dt. 2-11-98.

(2.) The relevant facts are these, respondent Surendra Kumar deals in cotton at Sri Ganganagar. Accused Naresh Chandra, who is a trader of Kanpur, purchased cotton from the complainant respondent from 1-10-95 to 31-3-96 worth Rs. 12,20,785.26. After understanding the account, the petitioner accused accepted the liability and gave seven cheques worth Rs. one lakh each payable on various dates to the complainant at Abhore. The cheques were drawn on the State Bank of India, Kanpur. The complainant respondent presented those cheques for collection to the State Bank of Patiala, Abhore Branch on 10-12-96. The State Bank of India, Kanpur, however, did not honour the cheques and returned them with a note 'refer to drawer'. The complainant respondent gave notice to the petitioner accused on 9-1-97 from his advocate at Abhore. As payment was not made by the respondent accused, complainant Surendra Kumar filed a complaint under S. 138 of the Negotiable Instruments Act in the Court of Addl. Chief Judicial Magistrate, Sri Ganganagar.

(3.) After the accused petitioner appeared in Court, he filed an application u/S. 219, Cr. P.C. challenging the jurisdiction of the Court to entertain the matter. In his reply, the complainant respondent pleaded that the Court had jurisdiction to entertain the matter. The learned Magistrate by the impugned order rejected the application of the petitioner accused.