GAURAV SINGHAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this application the petitioner has prayed for quashing the entire criminal proceedings initiated against him including the order of cognizance dated 18- 3-2009 under Section 138 of the Negotiable Instruments Act in C/1-1155 of 2008 by the Court of Judicial Magistrate, 1st Class, Jamshedpur.

(2.) The complainant-opposite party No. 2 filed a complaint case against the petitioner alleging, inter alia, that pursuant to the agreement of consultancy services the petitioner issued some cheques to discharge his liability and the same were returned by the banker of the complainant on account of insufficient fund. Accordingly, the complainant sent legal notice and filed complaint case. In the said complaint case ultimately cognizance was taken on 18-3-2009 against the petitioner.

(3.) Learned counsel appearing for the petitioner submitted that the Court at Jamshedpur has no jurisdiction to take cognizance and to proceed for trial in the instant case. Learned counsel submitted that the complainant resides within the jurisdiction of Saraikella Kharsawan and the petitioner is resident of Kolkata, West Bengal. The cheque in question was issued from Kolkata and the same was deposited in the Bank of Baroda, Gamharia Branch within the district of Saraikella Kharsawan, where it was dishonoured. Hence the Court at Jamshedpur has no jurisdiction.