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f) The Additional Chief Judicial Magistrate, Kamrup, by order dated 15.06.2010, in C.R. No. 340 of 2010, issued bailable warrants against the respondent. Thereafter, on 06.08.2010, the respondent filed an application for recall of the bailable warrants issued against him. Ultimately, learned Judicial Magistrate, Bhiwani, vide order dated 05.03.2011, accepted the application with the observation that the Court at Bhiwani has no jurisdiction and the complaint was returned for presentation before the proper Court having jurisdiction.

i) Against the said order, the appellant has preferred this appeal by way of special leave before this Court.

5) Heard Mr. Huzefa Ahmadi, learned senior counsel for the appellant- accused and Mr. Mahabir Singh, learned senior counsel for the respondent- the complainant.

6) It is the claim of the appellant that the present case is not covered by the judgment of this Court in K. Bhaskaran vs. Sankaran Vaidhyan Balan and Another, (1999) 7 SCC 510. On the other hand, it is the specific claim of the respondent that insofar as territorial jurisdiction of the case on hand, namely, complaint filed under Section 138 of the N.I. Act is concerned, the decision of this Court in K. Bhasaran (supra) squarely applies, accordingly, the Court at Bhiwani is competent to try and dispose of the complaint filed by him. It is also pointed out that the said issue was rightly considered and accepted by the Additional Sessions Judge, Bhiwani as well as by the High Court.

7) We have already narrated the case of both the parties in the pleadings portion. In order to answer the only question, it is relevant to note that the undisputed facts in the context of territorial jurisdiction of the learned Magistrate at Bhiwani are that the drawee of the cheque i.e., the respondent/complainant is a resident of Bhiwani. The native village of the respondent, namely, village Barsana is situated in District Bhiwani. The respondent owns ancestral agricultural land at village Barsana, District Bhiwani. It is also asserted that the respondent is running his bank account with Canara Bank, Bhiwani and is also residing at the present address for the last about two decades. In view of the same, it is the claim of the respondent that he bonafidely presented the cheque in his bank at Bhiwani which was further presented to the drawer’s Bank at Guwahati. The cheque was returned uncashed to the respondent’s bank at Bhiwani with the endorsement “payment stopped by drawer”. The respondent received the bounced cheque back from his bank at Bhiwani. Thereafter, the respondent sent a legal notice under Section 138 of the N.I. Act to the appellant from Bhiwani. In turn, the appellant sent a reply to the said notice which the respondent received at Bhiwani. In view of non-payment of the cheque amount, the respondent filed a complaint under Sections 138 and 141 of the N.I. Act before the learned Magistrate at Bhiwani.

9) Para 11 of K. Bhaskaran (supra), as quoted above, clarified the place in the context of territorial jurisdiction as per the fifth component, namely, “failure of the drawer to make payment within 15 days of the receipt.” As rightly pointed out by learned senior counsel for the respondent, the place of failure to pay the amount has been clearly qualified by this Court as the place where the drawer resides or the place where the payee resides. In view of the same and in the light of the law laid down by this Court in K.Bhaskaran (supra), we are of the view that the learned Magistrate at Bhiwani has territorial jurisdiction to try the complaint filed by the respondent as the respondent is undisputedly a resident of Bhiwani. Further, in K. Bhaskaran (supra), while considering the territorial jurisdiction at great length, this Court has concluded that the amplitude of territorial jurisdiction pertaining to a complaint under the N.I. Act is very wide and expansive and we are in entire agreement with the same.