LACHHMAN DASS Vs. SUNIL SINGHAL

JUDGEMENT

(1.) This is criminal revision filed by Lachhman Dass Papreja against the order of Chief Judicial Magistrate, Panipat, dated 5-3-1998 whereby he dismissed the complaint titled Lachhman Dass Papreja v. Sunil Singhal, Proprietor of MIs. Singhal and Company under Sections 138 and 141 read with Section 142 of the Banking, Public Financial Institutions & Negotiable Instrument Law (Amendment) Act, 1988 holding that Panipat Court had no jurisdiction as neither the cheque had been handed over at Panipat nor the cheque had been bounced at Panipat.

(2.) In support of this revision, the learned counsel for the petitioner submits that the petitioner (Complainant) has his residence at Panipat at 173/19. Bhatia Colony, Assandh Road, Panipat. He submits that the cheque drawn at State Bank of India, Dariya Ganj, Delhi was handed over to him at Panipat, and he presented the cheque at Allahabad Bank, Chandni Chowk, Delhi for collection from the State Bank of India, Dariya Ganj, Delhi but was returned with the remarks Funds Insufficient.

(3.) Learned counsel for the respondent submits that there is no allegation in the complaint that the cheque was handed over to him at Panipat. He further submits that where was the occasion for the cheque to have been handed over at Panipat when the cheque was drawn on State Bank of India, New Delhi and the complainant had also account at New Delhi. He submits that Panipat Court can have no jurisdiction when the cheque was neither handed over at Panipat nor was bounced at Panipat.