Subrata Talukdar, J. - (1.) THE grievance of the petitioner in this CRR is directed against the judgment and order dated 13th April, 2011 passed by the Ld. 5th Additional Sessions Fast Track Court, Barasat in Criminal Appeal No. 23 of 2010 affirming the judgment and order of conviction passed by the Ld. 2nd Judicial Magistrate, Barasat in Complaint Case No. 503 of 2002 sentencing the petitioner to pay a fine of Rs. 97, 000/ -, in default to suffer simple imprisonment for six months in a proceeding under Section 138 of the Negotiable Instruments Act, 1881 (for short the NI Act).
(2.) SRI Siladitya Sanyal, Ld. Counsel for the petitioner raises the point of the jurisdiction of the Ld. Magistrate to hear the complaint. Placing paragraphs 2, 3 & 6 of the complaint at pages 17 & 19 of the CRR, Sri Sanyal argues that the cheque in question was drawn on the Bank of Maharashtra, Firingi Kalibari Branch, Kolkata -12. Ld. Counsel further argues that the cheque was handed over to the complainant at Kolkata and such is the admitted position which will appear from the evidence of the complainant and recorded at page 24 of the CRR. The fact that the cheque was returned with the endorsement "refer to drawer" and remained unpaid to the complainant at Habra Bazar, P.O. + P.S. - Habra, Dist. - North 24 Parganas did not confer jurisdiction on the Ld. Magistrate at Barasat to entertain the complaint.
(3.) SRI Sanyal strongly relies upon the judgments reported in 2013 (3) CHN (Cal) 664, 2008 (2) SCC (Cri) 166 and 2011 (1) SCC (Cri) 184 to urge the additional point that the complainant has failed to satisfy that the cheque was issued in respect of a legally enforceable debt or liability.;