M/S IKRA INTERNATIONAL Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-2017-5-452
HIGH COURT OF ALLAHABAD
Decided on May 29,2017

M/S Ikra International Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

PANKAJ NAQVI,J. - (1.) Heard Sri S.K. Dubey, learned counsel for the applicant, Sri T.K Mishra, 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.2446/2008 (M.L and Sons Creation Dhaurahara v. M/s Ikra International ), under Section 138 of the N.I. Act, P.S. Bhadohhi, Sant Ravidas Nagar, pending in the court of Chief Judicial Magistrate, Sant Ravidas Nagar, Bhadohi.
(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 delivered for collection through an account of O.P. No.2 at I.D.B.I, Sigara, Varanasi, it is the competent court at Varanasi 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 .;


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