- (1.) M. K. Mittal, J. The application has been filed for quashing the proceedings in Criminal Complaint Case No. 632/2004, Avnish Dutt Sharma v. Dr. Sanjay Kumar, under section 138 Negotiable Instruments Act, (hereinafter referred as Act) pending in the Court of Special A. C. J. M. C. B. I. (A. P.) Lucknow.
(2.) HEARD Sri Shamim Ahmed learned Counsel for the applicant, Sri Shrikant learned Counsel for the opposite party No. 2, learned AGA and perused the material on record. Counter and rejoinder affidavits have been exchanged between the parties. The brief facts of the case are that the opposite party No. 2 filed a complaint against the applicant alleging that he had taken Rs. 25,000/- from him on 26. 11. 2003 in connection with the marriage of his sister and had issued a post dated cheque on 26. 11. 2003 for Rs. 25,000/- in favour of the applicant. When this cheque was presented at the bank at Lucknow, it was returned with the endorsement 'insufficient fund' on 25. 2. 2004. The complainant approached the accused and he assured him that the payment would be made and then again the complainant presented the cheque on 20th May 2004 but it was again returned with the endorsement insufficient fund on 27. 5. 2004. The complainant thereafter gave a registered notice to the accused on 17. 6. 2004 but the accused did not make the payment within the stipulated period of 15 days and thereafter the complaint was filed on 7. 7. 2004. The learned Magistrate after recording the statement of the complainant under section 200 Cr. P. C. and finding that a prima facie case was made out against the accused directed to summon him under section 138 of the Act. Feeling aggrieved this application has been filed.
(3.) ACCORDING to applicant the cheque was not presented in time at the payee bank and that the transactions had taken place in Kanpur and therefore, this Court has the jurisdiction to hear the present application. The opposite party filed counter affidavit and denied this fact and contended that all the transactions had taken place at Lucknow. A specific plea has been taken in para 29 of the Counter affidavit that the High Court at Allahabad has no jurisdiction to entertain this application since the cheque was issued at Lucknow and same was presented for credit of this amount in his account in Lucknow and the complaint was filed in a Court at Lucknow and this application should have been filed before the Lucknow Bench of this Hontale Court.;