Case Note & Summary
The judgment involves two criminal writ petitions filed by Shripad Ramchandra Deshmukh (original accused No.4) and Govind Ramchandra Deshmukh (original accused No.6) seeking quashing of FIR and criminal proceedings in RCC No. 100/2009 pending before the Judicial Magistrate First Class, Rahata, District Ahmednagar. The complaint was filed by Rambhau Bapurao Mate (respondent No.2) under Section 138 of the Negotiable Instruments Act, 1881, alleging dishonour of a cheque issued by the accused. The petitioners contended that the cheque was presented for collection at Pune and dishonoured at Pune, and therefore the courts at Ahmednagar had no territorial jurisdiction. The court examined the provisions of Section 177 of the Code of Criminal Procedure, 1973 and Section 138 of the Negotiable Instruments Act, 1881. The court held that the offence under Section 138 is committed only at the place where the cheque is presented to the bank and is dishonoured. Since the cheque was presented at Pune and dishonour occurred at Pune, the courts at Ahmednagar lacked jurisdiction. The court quashed the FIR and all proceedings in RCC No. 100/2009 pending before the JMFC, Rahata, and allowed both writ petitions.
Headnote
A) Criminal Procedure Code - Territorial Jurisdiction - Section 177 CrPC - Offence under Section 138 NI Act - The place where the cheque is presented for collection and dishonoured determines the jurisdiction of the court, not the place of issuance or the complainant's residence. Held that the courts at Ahmednagar lacked jurisdiction as the cheque was presented at Pune and dishonour occurred at Pune (Paras 5-10). B) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Territorial Jurisdiction - The offence under Section 138 is committed only at the place where the cheque is presented to the bank and is dishonoured. The cause of action arises at that place. Held that the complaint filed at Ahmednagar was not maintainable (Paras 5-10).
Issue of Consideration
Whether the courts at Ahmednagar had territorial jurisdiction to try the complaint under Section 138 of the Negotiable Instruments Act, 1881, when the cheque was presented for collection at Pune and the dishonour occurred at Pune.
Final Decision
Both criminal writ petitions are allowed. The FIR and all proceedings in RCC No. 100/2009 pending before the Judicial Magistrate First Class, Rahata, District Ahmednagar are quashed and set aside.
Law Points
- Territorial jurisdiction for Section 138 NI Act
- Place of presentation of cheque determines jurisdiction
- Cognizance by court without jurisdiction is void
