G.Abirami v. Kalpana Sreeramulu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL MISCELLANEOUS PETITION No.7772 of 2021 IN CRL OP.2451/2020 G.ABIRAMI [ PETITIONER ] Vs KALPANA SREERAMULU [ RESPONDENT ] W/O. DELHI BABU, D/O.THOTHADRI, DOOR NO.5/198, PLOT NO.2, GOPAL STREET, MADIPAKKAM, CHENNAI-600 091.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend time of 15 days for the petitioner to comply with the direction passed by this Hon`ble Court in Crl.O.P.No.2451 of 2020 dated 06.02.2020.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.S.AMBALVANNAN, Advocate for the petitioner, the court made the following order:- (Through Video Conference) The petitioner as complainant, has filed a private complaint against the respondent under Section 138 of the Negotiable Instruments Act before the learned Judicial Magistrate Court, Arni, which was not entertained and C.C.S.RNo.2466 of 2019 returned with a direction to approach the appropriate Court. Thereafter, the petitioner had approached this Court by filing Crl.O.P.No.2451 of 2021 seeking for a direction to the learned Judicial Magistrate, Arni to entertain the complaint.
2. This Court, by an order dated 06.02.2020, disposed the said petition stating that as per Section 142(2) of the Negotiable Instruments Act, the jurisdiction has been assigned and in this case, the petitioner has presented the cheque before the State Bank of India, Ambattur Industrial Estate Branch, Chennai. In view of the same, the complaint to be presented before the learned Judicial
Magistrate, Ambattur Industrial Estate Branch, Chennai within a period of fifteen(15) days from the date of receipt of a copy of that order.
3. The petitioner has now filed this petition seeking for extension of time for the petitioner to comply with the direction passed by this Court in Crl.O.P.No.2451 of 2020 dated 06.02.2020, for the reasons stating that the petitioner is a lady and she had recently given birth to a child and the infant has to be taken care of. Added to it, the pandemic situation had restricted her movement and the Doctors have advised not to expose herself to the environment, considering her infant and her health conditions. Further it is submitted that the petitioner is having her account in State Bank of India, Arni Branch, No.32, Thatchur Road, Arni in Savings Bank Account No.31875472637 in which account, she had deposited the cheque amount, which got dishonoured.
Further, the legal position is that as per section 142(3) of the Negotiable Instruments Act, the jurisdiction of the Court would be the Court, where the cheque is delivered for collection through an account in the Branch of the Bank, where the payee or holder / the petitioner maintains the account is situated. In this case, the petitioner maintains her account in State Bank of India, Arni Branch. This fact could not be properly explained on earlier occasion. The finding is that the petitioner's submission is a legal one and the legal point can be taken up and considered at any point of time.
4. This Court finds that the return of the cheque by the learned Judicial Magistrate, Arni is not proper. In view of the same, the petitioner has to re-present the complaint copy before the learned Judicial Magistrate, Arni, who shall entertain the same and proceed in accordance with law. On receipt of the complaint copy, the learned Judicial Magistrate, Arni, shall take the case on file, if it is otherwise in order, without raising any objection on limitation, for representation, which will be within a period of two(02) weeks from the date of the receipt of the order.
-sd/- 24/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, ARNI, TIRUVANNAMALAI DISTRICT.
2 THE JUDICIAL MAGISTRATE, AMBATTUR.
3 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI. [FOR INFORMATION] 4 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] C.C. to M/S.S.AMBALVANNAN Advocate on payment of necessary charges Order in CRL MP.7772/2021 in CRL OP.2451/2020 Date :24/08/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-31/08/2021