2014 CRI. L. J. (NOC) 441 (CHH.) ::2014 ACD 309 (CHH) ::(2014) 2 CivLJ 427 ::(2014) 3 RecCriR 338 ::(2014) 3 RecCivR 798 ::(2014) 2 CgLJ 379 ::(2014) 2 NIJ 194 ::2014 (85) ACC (SOC) 36 (CHH) ::(2014) 136 AllIndCas 492 (CHH) ::(2014) 2 MPHT 57

Chhattisgarh High Court

Hon'ble Judge(s): P. Sam Koshy , J

(A) Negotiable Instruments Act (26 of 1881) S. 138, 142 — Dishonour of cheque — Complaint — Territorial jurisdiction ' “ Place of failure of drawee to pay amount due to drawer — Complaint can be filed at said place {" Drawing of the cheque by respondent in respect of same commercial transaction to the petitioner was at Takhatpur. However, the petitioner was residing at Bhatapara. The cheque was presented by the petitioner at Fafadih branch of Andhra Bank, Raipur. The returning of the cheque by the Andhra Bank to the petitioner was at Bhatapara at his address whereby the Andhra Bank officials have intimated the petitioner that the cheque which was sent for collection to Punjab National Bank, Barela, has been returned back with a note of ' insufficient funds— The said intimation was given by Andhra Bank to the petitioner at Bhatapara. Subsequently, the petitioner issued a legal notice to the respondent through his lawyer at Raipur and finally, after the issuance of the notice, the respondent failed to make the payment to the drawer who resides at Bhatapara within 15 days, which gave rise to the offence under Section 138 of the NI Act. The petitioner had the prerogative of filing the complaint case either at Takhatpur of which district headquarters is at Bilaspur or at Baloda Bazaar which has the territorial jurisdiction in respect of hearing the cases of the area where the petitioner resides i.e. at Bhatapara and the r....