A CHINNASWAMI Vs. BILAKCHAND GYANCHAND COMPANY

JUDGEMENT

(1.) RULE. Returnable forthwith.

(2.) THESE two applications are between the same parties and raise common points for consideration. Hence, those are being disposed of by common judgment.

(3.) THE Summary Criminal Case No. 155/95 is filed in respect of four cheques of Rs. 1,00,000/- each issued on 17-6-1994; 22-6-1994; 27-6-1994 and 5-7-994. The complaint has contended that the accused had purchased cotton bales from the complainant on credit and the cheques were issued towards the consideration of the cotton bales sold. The complainant presented the cheques in the State Bank of India, Chopada. However, on 14-12-1994, he received information from the Bank that cheques were dishonoured. The complainant then sent notice of demand of the amount of the cheques by registered post acknowledgment due (R. P. A. D. ). However, on 27-12-1994, the accused refused to accept the notices. The accused also did not settle the amount under the cheques within the prescribed period. Hence, the complaint is filed on 10-2-1995. The complainant has contended that the transaction took place within the territorial jurisdiction of the Court at Chopada and, therefore, the matter was maintainable before that Court. He alleged that the accused committed the offence punishable under section 138 r/w 142 of Negotiable Instruments Act and under section 420 of the Indian Penal Code. The learned Magistrate by his order dated 10-2-1995 issued process against the accused for offence punishable under section 138 of Negotiable Instruments Act.