Telangana High Court
M/S. Ncl Industries Limited vs M/S. Nalluri Infratech Private Limited on 15 June, 2023
THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.5222 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- complainant to set aside the order dated 10.03.2022 in C.F.R.No.353 of 2021 passed by the Special Judicial Magistrate of I Class for Trial of cases under Telangana Prohibition and Excise Act, at Sangareddy.
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.3.
3. Learned counsel for the petitioner submitted that initially, the petitioner filed a complaint against respondent Nos.1 and 2 for the offence punishable under section 138 of Negotiable Instruments Act (for short "the Act") before the II Additional Chief Metropolitan Magistrate, Nampally and the same was returned informing the petitioner that the said court has no jurisdiction, as the account of the petitioner is at patencheru and also directed the petitioner to file a complaint before appropriate court. Accordingly, the petitioner had complaint before the Judicial First Class Magistrate at Sangareddy and again the same was returned on the ground of jurisdiction. Thereafter, the petitioner filed a complaint before the Special Judicial Magistrate of I Class for Trial of cases under Telangana Prohibition and Excise Act, at Sangareddy, which is having the jurisdiction for Patencheru branch, and the same was returned vide order dated 10.03.2021 in C.F.R.No.353 of 2023 stating that, the cheque return memo was issued by Habsiguda branch and therefore, the said court has no jurisdiction.
4. Learned counsel for the petitioner further submitted that as per the provisions of the Act, wherever the complainant bank situated, that court has jurisdiction to try the cases. Therefore, prayed to Court to set aside the order dated 10.03.2022 passed by Special Judicial Magistrate of First Class for trial of cases under Telangana Prohibition and Excise Act, at Sangareddy.
5. Taking into consideration the submissions made by the learned counsel for the petitioner and the provisions of the Act, the Criminal Petition is allowed, setting aside order dated 10.03.2022 passed by the Special Judicial Magistrate of First Class for trial of cases under Telangana Prohibition and Excise Act, at Sangareddy in C.F.R.No.353 of 2021 and the Special Judicial Magistrate of First Class for trial of cases under Telangana Prohibition and Excise Act, at Sangareddy is directed to number the C.C and try the same.
Miscellaneous applications pending, if any, shall stand closed.
_________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 16.06.2023 AQS