GOUTHAM TELEVISION CENTRE Vs. APEX AGENCIES
HIGH COURT OF ANDHRA PRADESH
GOUTHAM TELEVISION CENTRE
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(1.)This Criminal Revision Case is directed against an order of the XVII Metropolitan Magistrate, Hyderabad, dated 24/07/1992, dismissing a petition in Cri. M.P. No. 2282 of 1991 in C.C. No. 276 of 1991, on his file, filed by the petitioners accused under Section 177 of the Code of Criminal Procedure holding that the trial Court (i.e., XVII Metropolitan Magistrate's Court, Hyderabad) has also got jurisdiction u/S. 179, Cr.P.C. to try C.C. No. 276 of 1991 filed by the 1st respondent herein (i.e., the complainant) against the petitioners-accused. It is that order of the learned Magistrate that is being challenged in this revision.
(2.)The short point that arises for consideration in this revision is whether the Court of XVII Metropolitan Magistrate at Hyderabad has got jurisdiction to try the case in C.C. No. 276 of 1991, filed by the 1st respondent complainant, for an offence under Section 138 of the Negotiable Instruments Act.
(3.)Before going into the legal position, it is necessary to refer to the brief facts of the case which are as follows :- During the course of business transactions between the complainant and accused, two cheques were issued by the accused in favour of the complainant for Rs. 40,440-00 and Rs. 45,000-00, drawn on State Bank of India, Kurnool Branch. When the complainant presented those two cheques in the Indian Overseas Bank, Basheerbagh Branch, Hyderabad for collection, they were bounced as per the intimation of the State Bank of India, Kurnool Branch and the said fact of bouncing of cheques was intimated to the complainant through Indian Overseas Bank, Basheer Bagh Branch, Hyderabad. Therefore, the complainant, after issuing a statutory notice, has filed the complaint in C.C. No. 276 of 1991 under Section 138 of the Negotiable Instruments Act.
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