HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.3984 OF 2012 Dated 13-8-2014 Between:
Ramireddy Rammohan Reddy.
..Petitioner.
And:
P.V.Kumar Reddy and another.
..Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.3984 OF 2012 ORDER:
This petition is filed to quash proceedings in C.C.No.249 of 2005 on the file of Judicial First Class Magistrate, Nandyala, Kurnool District.
Heard advocate for petitioner.
First respondent is absent in spite of receipt of notice.
According to advocate for petitioner, the court at Nandyala has no territorial jurisdiction, since the drawee bank i.e., I.C.I.C.I. Bank is a t Nellore and the complaint is filed where the collection bank is located. It is further submitted that accused is resident of Kavali and according to him, the entire transaction was at Kavali. He further submitted that as per the latest judgment of Honourable Supreme Court in DASHRATH RUPSINGH RATHOD vs. STATE OF
MAHARASHTRA (Criminal Appeal No.2287 of 2009), a three judge Bench of Hnoourable Supreme Court after reviewing the entire case law and subject particularly with regard to jurisdiction held that the place where the drawee bank is situated alone got jurisdiction to file complaint under Section 138 of
Negotiable Instruments Act and place where collection bank is situated has no jurisdiction. He further submitted that on that ground, the proceedings in C.C.No.249 of 2005 have to be quashed.
I have perused the material papers and also the decision of the Honourable Supreme Court referred above.
As seen from the averments in the complaint, out of the business transaction, six cheques for Rs.2,00,000/- each were issued drawn on I.C.I.C.I. Bank, Nellore, in favour of complainant towards balance amount of Rs.11,48,764/- and those cheques were presented in ING Vysya bank, Nandyal for collection and as they were dishonoured, complaint is filed before the Judicial First Class Magistrate, Nandyal on the ground that collection bank is at Nandyal but in view of the judgment of the Honourable Supreme Court referred above, Nandyal court has no territorial jurisdiction and only Nellore court alone has got territorial jurisdiction because the drawee bank is at Nellore. But the contention of the advocate for petitioner that proceedings have to be quashed on that ground cannot be accepted. As there is no territorial jurisdiction, I feel that the court below shall be directed to return the complaint to the complainant to be presented in proper court giving reasonable time and with that observation, this petition can be disposed of.
For these reasons, this Criminal Petition is disposed of directing the court below to return the complaint in C.C.No.249 of 2005 to the complainant, by giving reasonable time, on such return, complainant is at liberty to file the same before the court having territorial jurisdiction, within the time granted.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 13-8-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.3984 OF 2012 Dated 13-8-2014