Case Note & Summary
The petitioners, original accused in FIR No. I-382 of 2018 registered at Camp Police Station, Bhingar, Ahmednagar, for an offence under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the FIR. The FIR was lodged by respondent No.2, Shaikh Zakir Hasan Abdul Hamid, alleging that a cheque issued by the petitioners was dishonoured. The petitioners contended that the cheque was drawn on a bank in Navsari, Gujarat, and no part of the cause of action arose within the territorial jurisdiction of Ahmednagar. The court, after hearing the submissions of the learned advocate for the petitioners, the learned APP for the State, and the learned advocate for respondent No.2, examined the provisions of Section 138 of the Negotiable Instruments Act, 1881, and the principles of territorial jurisdiction. The court held that the offence under Section 138 is committed at the place where the cheque is presented and dishonoured, and the drawee bank's location determines jurisdiction. Since the cheque was drawn on a bank in Navsari, Gujarat, and the complainant failed to show any part of the cause of action within Ahmednagar, the FIR was liable to be quashed for lack of territorial jurisdiction. The court allowed the petition, quashed the FIR, and made the rule absolute.
Headnote
A) Criminal Procedure - Quashing of FIR - Territorial Jurisdiction - Section 482 CrPC - The petitioners sought quashing of FIR No. I-382 of 2018 registered at Camp Police Station, Bhingar, Ahmednagar, for offence under Section 138 of Negotiable Instruments Act, 1881. The court held that since the cheque was drawn on a bank in Navsari, Gujarat, and the complainant failed to show any part of cause of action within Ahmednagar, the FIR was liable to be quashed for lack of territorial jurisdiction. (Paras 1-5) B) Negotiable Instruments Act - Territorial Jurisdiction - Section 138 - The court examined the provisions of Section 138 of the Negotiable Instruments Act, 1881, and the principles of territorial jurisdiction. It held that the offence under Section 138 is committed at the place where the cheque is presented and dishonoured, and the drawee bank's location determines jurisdiction. Since the cheque was drawn on a bank in Navsari, the Ahmednagar police had no jurisdiction to investigate. (Paras 3-5)
Issue of Consideration
Whether the FIR registered at Camp Police Station, Bhingar, Ahmednagar, for an offence under Section 138 of the Negotiable Instruments Act, 1881, is maintainable when the cheque was drawn on a bank in Navsari, Gujarat, and no part of the cause of action arose within the territorial jurisdiction of Ahmednagar.
Final Decision
The petition is allowed. FIR No. I-382 of 2018 registered at Camp Police Station, Bhingar, Ahmednagar, is quashed. Rule is made absolute.
Law Points
- Territorial jurisdiction under Section 138 of Negotiable Instruments Act
- 1881
- Quashing of FIR under Section 482 CrPC
- Cause of action for cheque dishonour
