JINDAL COTEX LIMITED AND ORS. Vs. VINOD COTTON CORPORATION
LAWS(P&H)-2016-5-8
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 11,2016

Jindal Cotex Limited And Ors. Appellant
VERSUS
Vinod Cotton Corporation Respondents

JUDGEMENT

Kuldip Singh, J. - (1.) By this single judgment, I shall dispose of CRR Nos. 4840 of 2015, 1681 to 1700, 1705 and 1706 of 2016 in which similar question of law has been raised.
(2.) The common facts of the case are that the complaint company which is having its office at Bathinda filed various criminal complaints under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') at Ludhiana Court, stating that the cheques issued by the accused company which is having its head office at Ludhiana, drawn on State Bank of India, Dholewal, G.T. Road, District Ludhiana, Punjab bounced. The complaint was filed in the Ludhiana Court, to the effect that in view of the judgment of Dashrath Rup Singh Rathore v/s. State of Maharashtra, : 2014 (4) PLR 77, the complaint is being filed at Ludhiana as the cheque was drawn on State Bank of India, Industrial Finance Branch, Ludhiana.
(3.) The learned Magistrate vide impugned order, while noticing the provisions of Sec. 142(2) of the Act, inserted by Negotiable Instruments Act (Amendment) Ordinance 2015 since replaced by Negotiable Instruments (Amendment) Act, 2015 (Act No. 26 of 2015) (in short, 'the amended Act'), the jurisdiction is at the place where the payee or the holder in due course maintains the account. The present cheques were admittedly cross cheques. Therefore, the learned Magistrate ordered the transfer of the complaints to Bathinda Court. The said order has been impugned in the present revisions filed by the accused company.;


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