MANOJ MISHRA,J. - (1.) Heard Sri Pradeep Kumar Bhardwaj for the applicant, Sri Manoj Dhulia, holding brief of Sri Nishant Mehrotra for the opposite party no.2 and the learned AGA for the State.
(2.) The present application, under Section 482 CrPC, has been filed against the order dated 6th February, 2013, passed by District Judge, Bulandshahar in criminal revision no.306 of 2012, by which revision filed by the opposite party no.2 against the order dated 19th May, 2012, passed by Additional Civil Judge (Jr. Div.), Court No.1, Bulandshahar in complaint case no.3408 of 2011, was allowed and the matter was remanded back to the trial court for fresh decision. By order dated 19th May, 2012 the trial court had rejected the application 16-B of the opposite party no.2 seeking dismissal of complaint on ground of want of jurisdiction.
(3.) A perusal of the record reveals that the applicant filed a complaint under Section 138 of the Negotiable Instrument Act against the opposite party no.2 (M/s. Tradko Sales Pvt. Ltd.) at Bulandshahar. The jurisdiction of the Court at Bulandshahar was invoked on ground that the cheque, which returned unpaid, was deposited for collection in the Oriental Bank of Commerce having its branch at Motibagh, Bulandshahar and the notice of demand was also given from Bulandshahar. The accused (opposite party no.2) raised a plea before the trial court that as the cheque was issued at Kanpur and the notice of demand was allegedly served at Kanpur where, admittedly, the accused had his office, therefore, the Court at Bulandshahar would have no jurisdiction to proceed with the matter.;