H.R.PANWAR, J. - (1.) BY the instant criminal miscellaneous petition under Section 482, Cr.P.C, the order dated 21.1.2008 passed by the Additional Chief Judicial Magistrate (Communal Riots), Pali (for short, "the Trial Court" hereinafter) in Criminal Complaint Case No. 1404 of 2005 has been challenged by the petitioners whereby the application filed by the petitioners under Section 245, Cr.P.C. has been dismissed.
(2.) I have heard learned Counsel for the parties. Carefully gone through the order impugned. It is contended by learned Counsel for the petitioners that the cheque issued by the petitioners was of the Bank located at Jodhpur and on presentation to the Bank at Pali, it was dishonoured for want of sufficient fund and returned unpaid and thereafter, a notice demanding cheque amount was issued from Pali but it was received by the petitioners at Jodhpur and after the service of notice, the petitioners failed to pay the cheque amount and therefore, a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act of 1881" hereinafter) came to be filed by respondent No. 2 before the Additional Chief Judicial Magistrate (Communal Rights), Pali. According to learned Counsel for the petitioners, the Court at Pali has no jurisdiction to try the case since the cheque was issued by the petitioners from Jodhpur and of the Bank which is located at Jodhpur. Learned Counsel for the petitioners has relied on a decision of Kerala High Court in M.S. Santoshkumar v. K.G. Mohanan Kadavunkal House, Vattappara & Anr., 2008(4) CCC 97 and a decision of Bombay High Court in Laxmi Travels, Nagpur v. G.E. Countrywide Consumer & Anr., 2007(1) NIJ 27 (Bom.).
(3.) LEARNED Public Prosecutor and learned Counsel appearing for the respondent No. 2 have supported the order impugned and contended that the Court at Pali has jurisdiction to enquire into and try the case filed by the complainant. Learned Counsel for the respondent has relied on a decision of Hon'ble Supreme Court in K. Bhaskaran v. Sankaran Vaidhyan Balan & Anr., IV (1999) CCR 63 (SC)=AIR 1999 SC 3762.;