RATHOD RAMESH Vs. RAJU

JUDGEMENT

(1.) THE petitioner has approached this Court seeking to quash the entire proceedings in C.C. No. 382/2013, registered against him under Section 138 of Negotiable Instruments Act, 1881.

(2.) THE petitioner's counsel submitted before this Court that the respondent herein has lodged two complaints one registered in PCR No. 16/2013, which is subsequently culminated in C.C. No. 382/2013 and another complaint in P.C. No. 21/2013. It is submitted that subsequent complaint in P.C. No. 21/2013 was returned by the Trial Court to the respondent to present the same before the competent Court on the ground that the disputed cheque was dishonored at Krishna Grameena Bank, Main Branch in Bidar District. However, the Magistrate has proceeded to deal with the matter in C.C. No. 382/2013. The allegation of the complainant is that both the cheques were issued by the petitioner in lieu of his discharge of his debt, and his mother and sister, and both the cheques were presented in the same Bank and the same branch at Bidar, issued the dishonored endorsement, therefore, the Magistrate has no jurisdiction to retain C.C. No. 382/2013. On the other hand, it ought to have returned the said complaint also to the complainant to present the same before the jurisdictional Court at Bidar. Therefore, said Court has no jurisdiction to try the matter as such the said proceedings deserve to be quashed.

(3.) LOOKING to the proceeding of the other complaint the copy of which is provided by the learned counsel, the complainant has filed the complaint on 23.10.2013 and the Magistrate has ordered to register PCR and the same was registered in P.C.R. No. 21/2013. The matter has not reached the stage of evidence and complainant was examined and his sworn statement was recorded and Ex. P1 to P8 were marked. The Magistrate has not yet passed any order under Section 204 of Cr.P.C. Further at that stage itself the Magistrate has returned the complaint to the complainant for presentation of the same before the Court having proper jurisdiction. The Trial Court has passed such an order relying upon the latest ruling of the Supreme Court reported in : 2014 (3) KCCR 2313 (SC) between Dashrath Rupsingh Rathod V/s State of Maharashtra and Another.