Calcutta High Court (Appellete Side)
Gandavaram Rajeswari & Ors vs Sree Infrastructure Finance Limited & ... on 25 August, 2014
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 Form No. J(1) In the High Court at Calcutta Criminal Revisional Jurisdiction Appellate Side Present:
The Hon'ble Justice Ashim Kumar Roy CRR No. 219 of 2014 Gandavaram Rajeswari & Ors. Vs. SREE Infrastructure Finance Limited & Ors For the Petitioners :
Heard on:- 07.8.2014 Judgement on:- 25.8.2014 Ashim Kumar Roy, J.-
The petitioners have moved this court for quashing of a complaint relating to an offence punishable under section 138/141 of the Negotiable Instruments Act, now pending before the learned Metropolitan Magistrate, 12th Court, Calcutta, on the following grounds:-
a) Already the entire payment has been received by the complainant and still the case has been instituted to unnecessarily harass the petitioners.
b) There is no legally enforceable debts and liability.
c) The court concerned has no territorial jurisdiction.
So far as the points as to whether there was existing liability or not or that the payment has already been made, being pure question of facts which cannot be decided without recording of evidence. The averment made in the petition of complaint annexed with this application, I find undoubtedly the commission of offence has been prima facie made out.
So far as the question of territorial jurisdiction of the court concerned to try the offence, I find that the cheque was drawn on Andhra Bank, Nellore Branch, Andhra Pradesh and the cheque was presented for encashment by the complainant at ING Vysya 2 Bank Ltd., Nellore Branch. It is also not clear from the petition of complaint where from the notice of demand was issued. Be that as it may, both the banks that of the drawer and the payee situated beyond the territorial limit of the learned Metropolitan Magistrate, 12th Court, Calcutta, the court concerned has no jurisdiction to hold the trial. Since no case of quashing has been made out but having regard to the facts, a clear case is made out that the court before which the impugned proceeding is pending has no territorial jurisdiction to hold the trial, I direct the records of the case at once be transferred to the competent court within whose jurisdiction the place Nellore is situated. The transferee court is directed to conclude the trial strictly in terms of section 143 of the N.I. Act.
On two consecutive days when the matter was taken up for hearing, since none appeared on behalf of the petitioners, nor any accommodation has been sought for, the hearing without being adjourned, suo motu was taken up for consideration on merit and this court comes to the conclusion as aforesaid.
In the result, this application stands allowed in part in the manner as aforesaid. The office is directed to communicate this order to the petitioners as well as private/opposite parties at once.
Urgent photostat certified copy of this order be given to the parties, if applied for, at an early date.
(Ashim Kumar Roy, J.)