SURYA PRAKASH KESARWANI, J. - (1.) Heard learned counsel for the applicant and the learned A.G.A. for the State-respondent.
(2.) This application under Section 482 Cr.P.C. has been filed praying to quash the order dated 15.06.2015 in Complaint Case No. 1149 of 2014 (M/s. Allied Machinery v. Ghanshyam Enterprises), under Section 138 N.I. Act, P.S. Kotwali, District Allahabad passed by the Judicial Magistrate, Court No. 4, Allahabad. By the impugned order the Judicial Magistrate has dismissed the aforesaid complaint case on the ground of lack of jurisdiction in the light of the judgment of Hon'ble Supreme Court in the case of Dashrath Rupsingh Rathod v. State of Maharashtra (2014) 9 SCC 129. Facts:-
(3.) Briefly stated facts of the present case are that in consideration of the goods sold, the applicant has received, from the opposite party no. 2, a cheque bearing number 287322 dated 27.01.2014 for Rs. 1,03,000/- drawn on Central Bank of India, Pushprajgarh, Anupur, Madhya Pradesh. The applicant runs his business at Allahabad. Having received the aforesaid cheque at Allahabad, he presented it for encashment in his Bank on 06.03.2014 at Allahabad which was dishonoured due to insufficiency of fund. The applicant intimated the fact of dishonour of the cheque to the opposite party no. 2 by a notice dated 22.04.2014 sent by registered post which was received by the opposite party no. 2 on 04.05.2014. However, the opposite party no. 2 had not paid the amount of the cheque. Consequently the applicant filed a Complaint Case No. 1149 of 2014 in the court of Judicial Magistrate, Court No. 4, Allahabad which was dismissed by order dated 15.06.2015 on the ground of lack of jurisdiction in view of the judgment in the case of Dashrath Rupsingh Rathod (supra). Aggrieved with the aforesaid order dated 15.06.2015, the applicant has filed the present application. Submissions:- ;