Dismissal of a case u/s 138 of NI Act after the cognizance is taken

Querist : Anonymous (Querist) 17 November 2010 This query is : Resolved
Learned experts,
I am junour advocate deffending the accused in a chq. bounced case. I haveraised a point that the Hon'ble court has no jurisdiction at a place only because lawyer had sent a notice to the accused located at different place, cheque presented at different place, bounce at different place. The defence is taken based on a Supreme Court case pertaining to Herman Electronics V/s National Panasonic Cr. Appeal No. 2021 of 2008

The Hon'ble JMFC is convinced that point of non jurrisdiction is correct but he said that he can not dismiss the case as the court had aready taken the cognizance and the only alternative is to make appeal against the order passed by the Hon;ble court.
I request the leraned forum to advice me if there is any psecific provison in a sommons case that thesame court can dismiss the case on the ground of non jurisdiction even after the cognisance is already taken. If any SC decision/citation that will be helpful and i need not go for appeal against order. The evidence of the complainant is not yet filed and recorded.
Thanks

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Devajyoti Barman (Expert) 17 November 2010
File petition u/s 482 crpc before the high court for quashing. You can pray u/s 250 crpc as well.

adv. rajeev ( rajoo ) (Expert) 17 November 2010
You are for accused so you need not to worry about the dismissal of the complaint. It is good for the accused.
Complainant has to file an appeal on the dismissal order.

s.subramanian (Expert) 17 November 2010
Mr.Barman is right.

DEFENSE ADVOCATE.-firmaction@g (Expert) 17 November 2010
Hermann case is not applicable in all situations unless you identify with its situations.

SC has in many cases ruled that case can be filed 1) from where cheque was presented 2) Notice was issued 3) Place of buisness of complainant among others.

Guest (Expert) 17 November 2010
I do agree with Mr Barman.

Guest (Expert) 17 November 2010
(1) Mr.Barman is right.
(2) I don't agree with the Comments of Mr.Rajeev from the angle of an accused who is made to appear and suffer till the criminal complaint against him is pending for several years to come.

DEFENSE ADVOCATE.-firmaction@g (Expert) 17 November 2010
It is easy to suggest petition u/s 482 to HC.

There are many SC judgments that HC must entertain if only on face of record no case is made out.

It is defferent story if two views are possible than no use of 482.

More ever there are in average 100 judges per HC Judge in any state and more than 100 cases are on board per Judge in lower courts.So there will be in average 10.000 applications u/s 482 before any HC jugde and hence it is not entertained.

I have just give rough average it may be 2000 or 5000 or even 15000.

More ever the expanses and fees for HC petitions are prohibitive.

Those who give defferent opinion please instead of contradicting give actual case details in such matters.

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