RAJENDRA KUMAR Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-2017-5-395
HIGH COURT OF ALLAHABAD
Decided on May 16,2017

RAJENDRA KUMAR Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

PANKAJ NAQVI,J. - (1.) Heard Sri Hanuman Prasad Mishra, learned counsel for the applicant, Sri C.K. Parekh, learned counsel for O.P. No.2 and the learned A.G.A.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No.1205/2015 (Ramji Lal Sadh v. Rajendra Kumar ), under Section 138 of the NI Act, P.S. Kotwali Farrukhabad, Farrukhabad, pending in the court of Chief Judicial Magistrate, Farrukhabad.
(3.) Learned counsel for the parties do not dispute that in view of the amendment effected by Act No.26 of 2015 w.e.f 15.6.2015, incorporating Sections 142 (2) and 142-A in the NI Act, the complaint filed by O.P. No.2 is liable to be tried by a court within whose jurisdiction the cheque is delivered for collection through an account of the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situate and as the cheque in question was tendered by O.P. No.2 at Axis Bank, Lajpat Nagar, New Delhi, it is the competent court at New Delhi alone which would have the exclusive jurisdiction to try the complaint as also authenticated by the decision of the Apex Court in Bridgestone India Private Limited v. Inderpal Singh, (2016) 2 SCC 75 .;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.