cognizance

Querist : Anonymous (Querist) 16 June 2011 This query is : Resolved
A firm at Amritsar Punjab issued a Cheque to a company at Delhi on account of being appointed a CnF for the latter's products.This cheque of Rs.25 lac is issued as a Security.Subsequently the Company converts the cheque after 5 years and forges its and presents it for encashment at a Delhi Bank.The Bank returns cheque 'unpaid' with an endorsement "exceeds the amounts arranged for"
Later on the Firm comes to know about the cheque being FORGED by the Company & intends file a criminal complaint.
The Company files a suit for rendition of accounts at Delhi.
Can the owner of Firm file a Criminal complaint of Forgery at Amritsar.Plz suggest others measures, pros & cons etc.

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PALNITKAR V.V. (Expert) 17 June 2011
If you are sure that the cheque was forged, you can file FIR. It will be proper to file the FIR at Delhi since the company that forged the cheque situates there and the act of forgery was presumably done at Delhi.

Kiran Kumar (Expert) 17 June 2011
the question will be Where the offence has been committed?

it is advisable to file a complaint at Delhi in order to avoid multiplicity of litigation. If you file a complaint at Amritsar the person will certainly move to High Court on the point of jurisdiction.

DEEPAK ASSOCIATES (Expert) 17 June 2011
U/s 177 & 178 of CrPC deal with the jurisdiction of the criminal courts.

In your case the cheque is said to be issued from Amritsar. if the cheque belongs to Amritsar situated bank and the company has present the cheque in delhi which comes to be encashed at Amritsar situated bank. Therefore, some part of the offense has also been committed in the jurisdiction of Amritsar. hence the Amritsar court has also jurisdiction to entertain the case as envisaged in section 178 of CRPC.

Please clear the measure you want to know for pros & crons

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