Mr.B.Abdul Jabbar, 58 Years v. Sri.M.Pasupathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN CRL.R.C.NO.711 OF 2017 B.Abdul Jabbar ... Petitioner/Accused .Vs.

M.Pasupathi ... Respondent/Complainant PRAYER:- This Criminal Revision Case has been filed under Section 397 read with Section 401 of Cr.P.C, against the fair and decreetal order passed in C.M.P.No.369 of 2017 in S.T.C.No.172/2016 on the file of Fast Track Magisterial Level No.II at Poonamallee, Tiruvallore District.

For Petitioner : Mr.S.G.Mohideen (No Appearance) For Respondent : No Appearance

O R D E R

The respondent herein viz., M.Pasupathi has filed a private complaint under Section 138 of the Negotiable Instruments Act, before the learned Judicial Magistrate, Fast Track Court, Poonamallee, and the same was taken on file as STC.No.172 of 2016. Subsequently, the accused/revision petitioner herein has preferred a petition in CMP.No.369 of 2017, before the Court of Fast Track Magesterial Level No.II, Poonamallee, Thiruvallur District, alleging that the Court at Chennai alone has jurisdiction since the cheque was written by State Bank of Hyderaband, Thousand Light Branch, dated 11.01.2016 and relied upon the judgment of the Hon'ble Supreme Court reported in AIR 2014 SC 3519 - [Dashrath Rupsingh Rathod Vs. State of Maharashtra]. The said petition was dismissed and hence, the accused has preferred Criminal Revision Case before this Court.

2. In paragraph No.13 of the impugned order, passed in CMP.No.369 of 2017, the learned Magistrate has observed that in https://hcservices.ecourts.gov.in/hcservices/

view of the Negotiable Instruments Amendment Act, 2015, regarding the Territorial Jurisdiction, the amendment provides that filing of cases within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment is situated and accordingly held that the complaint is within the jurisdiction and the same does not warrant any interference.

3. With the above observation, this Criminal Revision Case stands dismissed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar dua To The Fast Track Magisterial Level No.II Poonamallee, Tiruvallore District.

CRL.R.C.NO.711 OF 2017 AK-II(CO) PBS/11/08/2021 https://hcservices.ecourts.gov.in/hcservices/