Calcutta High Court (Appellete Side)
Rajesh Sheth & Ors vs Traxpo Enterprises Pvt. Ltd on 30 January, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
Form No.J.(I)
In the High Court at Calcutta
(Criminal Revisional Jurisdiction)
Appellate Side
Present:
The Hon'ble Justice Ashim Kumar Roy
C.R.R. No.3469 of 2014
With
C.R.R. No.2568 of 2005
With
C.R.R. No.2566 of 2005
With
C.R.R. No.2571 of 2005
With
C.R.R. No.2567 of 2005
With
C.R.R. No.2569 of 2005
With
C.R.R. No.2570 of 2005
With
C.R.R. No.1187 of 2008
With
C.R.R. No.1188 of 2008
With
C.R.R. No.1189 of 2008
With
C.R.R. No.1190 of 2008
With
C.R.R. No.1191 of 2008
With
C.R.R. No.3269 of 2012
With
C.R.R. No.3268 of 2012
With
C.R.R. No.3267 of 2012
With
C.R.R. No.3704 of 2012
Rajesh Sheth & Ors.
-Vs-
Traxpo Enterprises Pvt. Ltd.
For the petitioners: Mr. Ayan Bhattacharjee,
Mr. Ganesh N. Jajodia,
Mr. Dilip Kr. Singh,
Mr. Arijit Ghosh.
For the opposite Party No.1 : Ms. Sutapa Sanyal,
Mr. Ashish Mukherjee,
Mr. Sushil Shewak.
2
Heard on: 26-11-2014.
Judgment on: 30-01-2015.
Ashim Kumar Roy, J.
Since a common question of law arises for decision in all these criminal revisional applications, the same are taken up for hearing together and are disposed of by this common judgment.
Heard the learned Counsel appearing for the parties and considered their respective submissions. Perused the materials on record.
Total 16 complaint cases, all relating to the offence punishable under Sections 138/141 of the N.I. Act, were instituted in different courts of the learned Metropolitan Magistrate, Calcutta. Admittedly, in all the aforesaid cases, except one cheque, which was drawn on American Express Bank Ltd., Oriental Buildings Branch, Mumbai, all other cheques were drawn on H.D.F.C. Bank Ltd., Nariman Point Branch, Mumbai and the same were dishonoured therefrom.
Having regard to the fact the banks in question are located beyond the territorial limits of the learned courts, where the aforesaid cases are now pending for trial, in the light of the ratio of the decision of the Hon'ble Apex Court, in the case of Dashrath Rupsingh Rathod -Vs- State of Maharashtra & Anr. reported in 2014 STPL (Web) 499 S.C., those courts are lacking of territorial jurisdiction. It appears that till date the 3 examination of the accused under Section 151 Cr.P.C. has not been done and the stage of Section 145 of the N.I.Act is yet to cross.
Having regard to above and in the light of the decision of the Hon'ble Apex Court in the case of Dashrath Rupsingh Rathod -Vs- State of Maharashtra (supra), it is directed that the courts before whom those complaint cases are pending, shall return all the petition of complaints to the respective complainant within two days from the date of communication of this order and the complainant in all the cases shall have the liberty to re-file the complaints before the proper court in accordance with law within 30 days from the date of return of such complaints. It is further directed that the courts concerned shall also recall all the orders passed in connection with those complaint cases.
Accordingly, these criminal revisional applications stands allowed and disposed of.
Office is directed to communicate this order to the courts below as also to the opposite party No.1 at once.
Urgent Photostat certified copy of this order, if applied for, be given to the parties at an early date.
( Ashim Kumar Roy, J. ) 4