RAJESH MADAN LAL ANAND Vs. RAKESH MADAN LAL ANAND
LAWS(J&K)-2020-9-36
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 21,2020

Rajesh Madan Lal Anand Appellant
VERSUS
Rakesh Madan Lal Anand Respondents

JUDGEMENT

Puneet Gupta, J. - (1.)The petitioner has preferred petition under Section 561-A Cr.P.C wherein he challenges the order impugned dated 23.07.2019, passed by the learned court of Principal Sessions Judge, Jammu. The Revision Petition was preferred before the said court against the order dated 25.05.2019, passed by the learned Municipal Magistrate, Jammu as the complaint filed by the petitioner herein was dismissed.
(2.)The petitioner herein preferred complaint against the respondent wherein he complained of the cheating allegedly committed by the respondent upon him. As per the case set up by the petitioner, the offences under various Sections of the Ranbir Panel Code came to be committed by the respondent, brother of the petitioner, and the communications which he received at Jammu and other reasons gave jurisdiction to the courts at Jammu to entertain the complaint. The learned magistrate vide order dated 25.05.2019 dismissed the complaint on the ground that the cause of action had not arisen within the jurisdiction of Jammu Courts and the Courts at Mumbai had jurisdiction to entertain the complaint of the petitioner herein as the cheque was issued to the petitioner at Mumbai and the documents also came to be executed at Mumbai. The revision petition preferred against the order of dismissal of the complaint on the ground of lack of jurisdiction by the trial court also resulted into dismissal on the grounds on which the complaint was dismissed by the trial court.
(3.)Learned counsel for the respondent has submitted that the petition has also been styled as 'Criminal Revision Petition' which is otherwise not maintainable against the impugned order. It is argued that this Court cannot entertain the petition under Section 561-A Cr.P.C even if considered to be filed under this provision as disputed questions of fact stand raised in the matter. Indeed, the learned counsel has also argued that the facts pleaded in the present petition also do not reveal, in any case, that the Courts at Jammu have jurisdiction to entertain the complaint of the petitioner herein.
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