Karnataka High Court
Mukesh Harilal Mehta vs M/S.Religare Finvest Limited on 9 April, 2012
Author: N.Ananda
Bench: N. Ananda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE O9T4 DAY OF APRIL 2012 . >. BEFORE THE HON'BLE MR.JUSTICE.N. ANANDA. CRIMINAL PETITION No: 765/201 1 2. BETWEEN: Mr.Mukesh Harilal Mehta M M Consultants 8% Floor, Flat No.81, Malbar Building Building 'B' Nepan Sea Road ~ rs Near Petit Hall, Mumbai -- 400-008. a ms . + ...Petitioner (By Sri Narayana Swamy, Advocate) © a AND: M/s.Religare Finvest Limited.. #10, Pride-Elite. Building , 201, 2nd Floor, Museura Road » Bengaluru - 566 ¢ 125. . Also at: M/s.Religare. Finest' Limited ° 'The Estate', 9.Floor # 48/26,°121, Dickenson Road -. Bangalore -- _ Rep. by its Authorized Representative Mr. Ag. Haskar ! P K ... Respondent (By Sri Sudhir B.S , Advocate for M/s.M.G.C. & Co., Advocates) =. "This pefition is filed under section 482 Cr.P.C., praying to -. 'quash the further proceedings in C.C.No.13881/2011 formerly "pending before XV Additional Chief Metropolitan Magistrate, _ Bangalore & ete. oe T his petition coming on for final hearing this day, the Court on made the following: ORDER
When the matter is taken up for hearing, the learned Counsel for respondent submits that an offence panishable under section 138 of the Negotiable Instruments Act was not - committed within the territorial jurisdiction of the Court -- below. There may be an order for return of complaint. in terms of Section 201(b) Cr.P.C.
2. As could be seen from the averments of complaint, the place of transaction, bank on which' the cheque was drawn, the place, where the 'notice was communicated are not situate within tine jurisdiction of 'court below. The court below had ito "etritorial jurisdiction to entertain the complaint. "the court. below | is directed to return the . _ complaint as provided under section 201(b) Cr.P.C. The petition is accordingly disposed of. Sd/-
JUDGE " SNN