U/s 138 read with section 142 n i act

G.D GEMINI (Querist) 05 August 2012 This query is : Resolved
Rescpect sirs
I filed a complaint u/s 138 against accused belongs to Rewari Haryana. The accused issed me cheque against cancellation of agreetment of prperty situated in Rewari. I belong to Jalgaon. I received cheque in Jalgaon, deposited in my a/c at Jalgaon, sent notice from Jalgaon. Now accused appeared against summons and got bail. Accused submitted an application to the court that court has no jurisdiction giving the reference to case in criminal law journal of case Adalat Prasad v/s Roop Lal Jindal etc of S.C 2004.

PLS. CONFIRM WHETHER THIS RULING WILL SUPPLORT ACCUSED APPLICATION THAT JALGAON COURT HAS NOT JURISDICTION AND WHETHER THE SAME COURT HAS THE POWER TO CONSIDER IT OR THE ACCUSED SHOULD REFER IT TO H.C OR DJ

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Advocate Bhartesh goyal (Expert) 05 August 2012
No,judgment cited by accused is on different point.Supreme Court has ruled while deciding the case A.I.R 1999 S.C 3762 K.Bhaskaran vs Sankaran that the court has jurisdiction to try the case where any one of the five acts is done
{1}Drawing of the cheque
{2}Presentation of cheque to the bank
{3}Returning of the cheque unpaid by the drawee bank
{4}Giving notice in writing to the drawer of
cheque demanding payment of the cheque amount
{5}Failure of the drawer to make payment within 15 days of receipt of notice.So court is bound to follow the K.Bhaskaran judgment on point of jurisdiction.