Rajasthan High Court - Jaipur
M/S Mahi International vs State Of Rajasthan on 18 December, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8049/2018
M/s Mahi International
----Petitioner
Versus
State Of Rajasthan & Anr.
----Respondents
For Petitioner(s) : Mr. M.P. Singh For Respondent(s) : Ms. Meenakshi Pareek, PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Order 18/12/2018 Present petition has been filed under Section 482 Cr.P.C. to assail the order dated 21.05.2018 passed by learned Special Metropolitan Magistrate (N.I. Act) Cases No.10, Jaipur Metropolitan Jaipur, whereby cognizance of offence was taken against the petitioner for offence under Section 138 of Negotiable Instruments Act. It is further prayed that the order dated 12.11.2018 passed by learned Additional District and Session Judge No.15, Jaipur Metropolitan, Jaipur, whereby revision preferred by the petitioner was dismissed, be also set aside.
Admittedly, petitioner had issued a cheque. The said cheque was present before the State Bank of Bikaner and Jaipur, Chaura Rasta Branch of Jaipur. The said bank had returned the cheque. In the complaint it is stated that Brach of bank at Chaura Rasta fall within jurisdiction of Police Station Manak Chowk.
Counsel for the petitioner has contended that as per circular issued by the CJM, cases pertaining to Police Station (2 of 3) [CRLMP-8049/2018] Manak Chowk, were to be tried by the court of Special Metropolitan Magistrate No.10, Jaipur.
Counsel for the petitioner has contended that complainant has wrongly averred in Para 8 of the complaint that Chaura Rasta Branch of the bank fall within jurisdiction of the Manak Chowk. Counsel for the petitioner has contended that as per the administrative order issued Chaura Rasta Branch fall within jurisdiction of Police Station Kotwali.
Counsel for the petitioner has contended that complaint should have been filed in the court of Special Metropolitan Magistrate who was having jurisdiction over Police Station Kotwali and not in the court of Special Metropolitan Magistrate who was having jurisdiction over Police Station Manak Chowk.
There is fallacy in the arguments raised by counsel for the petitioner. For the trial of the offence territorial jurisdiction vest in the court of Special Metropolitan Magistrates situated at Jaipur. Which police station has been assigned to which Metropolitan Magistrate is an administrative order it will not take away territorial jurisdiction of the courts at Jaipur, therefore, if the complainant under wrong belief that the Chaura Rasta Branch of Jaipur fall within jurisdiction of Manak Chowk has instituted a complaint in the court of Special Metropolitan Magistrate who was having jurisdiction over the Police Station Manak Chowk, it cannot be said that the courts at Jaipur are not having territorial jurisdiction.
Administrative order are for purposes of convenience for the filing of the cases. They neither vest nor take away jurisdiction of the court which vest in the court because of the provisions under the Code of Criminal Procedure.
(3 of 3) [CRLMP-8049/2018] Consequently, there is no merit in the present petition and the same being devoid of merits is dismissed. Sessions Judge, Jaipur is directed to transfer impugned complaint to the concerned Magistrate who has been assigned cases pertaining to Chaura Rasta, Jaipur.
Registrar(Judicial) is directed to send the copy of this order to the Sessions Judge, Jaipur Metropolitan, Jaipur, forthwith for compliance.
(KANWALJIT SINGH AHLUWALIA),J Heena/184 Powered by TCPDF (www.tcpdf.org)