THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No. 11045 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to quash the proceedings against the petitioner/accused in STC No.05 of 2022 on the file of the Judicial First Class Magistrate at Achampet, registered for the offence under Section 138 of N.I.Act.
2. Perused the record.
3. Learned counsel for the petitioner would submit that the Judicial First Class Magistrate at Achampet does not have the jurisdiction for the enquiry under Section 138 of N.I.Act.
5. Section 142 in The Negotiable Instruments Act, 1881 23 [ 142 Cognizance of offences. --Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)--
(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138: 24 [Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.] 2
7. This Court directs the concerned Judicial Magistrate of First Class at Achampet to decide before proceeding with the trial. Accordingly, case is disposed of in correctness with the observation of the dismissal.
8. All the aforesaid grounds raised by the petitioner can be agitated before the trial Court in view of the judgment rendered by the Hon'ble Supreme Court in case of Bhushan Kumar and another vs. State (NCT of Delhi) and another1.
9. In view of the aforesaid Judgment, the petitioner can file a discharge application before the trial Court by raising all the aforesaid grounds and on such filing the concerned trial Court shall entertain the same.
10. Accordingly, the criminal petition is disposed off. No order as to costs.
Miscellaneous applications pending, if any, in this criminal petition, shall stand closed.
________________ K.SURENDER, J 13.12.2022 mnv 1 (2012) 5 SCC 424 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO. 507 OF 2019 Dt.27.10.2022 tk