Case Note & Summary
The petitioners, Sri Devidas Garg, Smt. Amita Garg, and Sri Santhosh Kumar Garg, filed two criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 973/2014 registered at HAL Police Station, Bangalore, for an offence under Section 138 of the Negotiable Instruments Act, 1881. The FIR was lodged by the second respondent, Sri Satish Kumar Gaur, alleging that a cheque issued by the petitioners was dishonoured. The petitioners contended that the cheque was drawn on a bank in Delhi, the statutory notice was served in Delhi, and the entire cause of action arose in Delhi, thus the Bangalore police had no territorial jurisdiction to investigate. The court, after hearing arguments, held that the offence under Section 138 NI Act is committed at the place where the cheque is presented and dishonoured, and where the notice is served. Since both events occurred in Delhi, the FIR in Bangalore was not maintainable. The court allowed the petitions and quashed the FIR and all subsequent proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Territorial Jurisdiction - The court examined whether an FIR registered in Bangalore for cheque dishonour under Section 138 NI Act was maintainable when the cheque was drawn on a bank in Delhi and the statutory notice was served in Delhi. Held that the offence under Section 138 NI Act is committed at the place where the cheque is presented and dishonoured, and where the notice is served, which in this case was Delhi, not Bangalore. The FIR was quashed for lack of territorial jurisdiction (Paras 1-10).
Issue of Consideration
Whether the FIR registered at HAL Police Station, Bangalore, for an offence under Section 138 of the Negotiable Instruments Act, 1881, is maintainable when the cheque was drawn on a bank in Delhi and the notice was served in Delhi, and whether the proceedings can be quashed under Section 482 Cr.P.C.
Final Decision
The court allowed both criminal petitions and quashed the FIR in Cr.No.973/2014 registered at HAL Police Station, Bangalore, and all further proceedings pursuant thereto.
Law Points
- Territorial jurisdiction for cheque dishonour
- Section 138 Negotiable Instruments Act
- 1881
- Section 482 Cr.P.C.
- Quashing of FIR
- Cognizance without sanction
Case Details
2015 LawText (KAR) (11) 19
Criminal Petition No.2682/2015 and Criminal Petition No.4768/2015
Sri C.V.Nagesh, Senior Advocate for Sri Sandeep S.Patil (for petitioners in Crl.P.2682/2015); Sri B.V.Acharya, Senior Advocate for Sri Sandeep S.Patil (for petitioner in Crl.P.4768/2015); Sri P.M.Nawaz, SPP for R1; Sri Sajan Poovayya, Senior Advocate for Sri Achappa P.B. for R2
Sri Devidas Garg, Smt. Amita Garg, Sri Santhosh Kumar Garg
State of Karnataka, Sri Satish Kumar Gaur
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. for quashing of FIR registered for offence under Section 138 NI Act.
Remedy Sought
Quashing of FIR No. 973/2014 registered at HAL Police Station, Bangalore, and all further proceedings.
Filing Reason
The petitioners alleged that the FIR was filed without territorial jurisdiction as the cheque was drawn on a bank in Delhi and the notice was served in Delhi.
Issues
Whether the FIR registered in Bangalore for an offence under Section 138 NI Act is maintainable when the cheque was drawn on a bank in Delhi and the notice was served in Delhi?
Whether the proceedings can be quashed under Section 482 Cr.P.C. for lack of territorial jurisdiction?
Submissions/Arguments
Petitioners argued that the entire cause of action arose in Delhi, as the cheque was drawn on a Delhi bank and the statutory notice was served in Delhi, hence Bangalore police had no jurisdiction.
Respondents argued that the FIR was properly registered and the court should not interfere at this stage.
Ratio Decidendi
The offence under Section 138 of the Negotiable Instruments Act, 1881, is committed at the place where the cheque is presented and dishonoured, and where the statutory notice is served. Since both events occurred in Delhi, the FIR registered in Bangalore was without territorial jurisdiction and liable to be quashed under Section 482 Cr.P.C.
Judgment Excerpts
The offence under Section 138 of the Negotiable Instruments Act is committed at the place where the cheque is presented and dishonoured, and where the notice is served.
Since the cheque was drawn on a bank in Delhi and the notice was served in Delhi, the Bangalore police had no territorial jurisdiction to investigate.
Procedural History
The petitioners filed two criminal petitions under Section 482 Cr.P.C. before the High Court of Karnataka at Bengaluru seeking quashing of FIR No. 973/2014 registered on 23.12.2014 by HAL Police Station, Bangalore, for an offence under Section 138 NI Act. The court heard both petitions together and allowed them on 09.11.2015.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
- Negotiable Instruments Act, 1881: 138
