THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8000 OF 2023
O R D E R:
The Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioner/accused to set aside the order dated 18.08.2023 in Crl.M.P.No.1676 of 2023 in C.C.NI.No.3231 of 2022 passed by the VI Metropolitan Magistrate at Manoranjan Complex, Hyderabad.
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
3. Learned counsel for the petitioner contended that respondent No.2 filed a complaint under Sections 138 and 142 of Negotiable Instruments Act, 1881 (for short 'NI Act'), against the petitioner alleging that the petitioner, who is doing business in the name and style of Ms.Pooja Distributors, has issued cheques to respondent No.2 and the said cheques were returned with an endorsement 'insufficient funds'; that respondent No.2 misrepresented the place of offence as Banjara Hills and filed the complaint before the VI Additional Magistrate, Manoranjan Complex at Hyderabad; that the Court below lacks jurisdiction to try the case as bank of respondent No.2 is located at Lakdikapool 2 GAC, J Crlp_8000_2023 Branch, which comes within the limits of Saifabad Police Station and not in the limits of Banjara Hills Police Station; that having discovered the error of jurisdiction, a petition under Section 201 read with Section 258 of Cr.P.C. was filed to drop the ongoing proceedings on the ground that the Court below lacks jurisdiction and that the Magistrate is not empowered to take cognizance of the complaint, dated 17.08.2023. Therefore, prayed to set aside the order, dated 18.08.2023.
4. On perusal of record, it is evident that C.C.NI.No.3231 of 2022 is filed basing on the complaint filed by respondent No.2 under Sections 138 and 142 of NI Act. The contents of the complaint disclose that the petitioner is doing pharmaceutical business in the name and style of Ms.Pooja Distributors and respondent No.2 is carrying business in sale and supply of life saving drugs and in the course of business, the petitioner has purchased life saving drugs from respondent No.2 on credit basis. On repeated demands by respondent No.2, the petitioner issued two cheques dated 19.12.2017 towards the said outstanding amount of Rs.1,30,09,370/- and when the said chques were presented for encashment, they were dishonored on 20.12.2017. Further, the petitioner promised to discharge the entire outstanding amount of Rs.1,30,09,370/- together with 3 GAC, J Crlp_8000_2023 Rs.5,20,000/- (4% on outstanding amounts) and executed a deed of declaration to that effect on 18.08.2017. Towards the discharge of the said promised outstanding amount of Rs.1,30,09,370/-, the petitioner has issued two cheques bearing No.001521 dated 13.11.2017 for Rs.43,40,056/- and cheque bearing No.001520, dated 13.11.2017 for Rs.86,69,314/- drawn on Karur Vysya Bank Ltd., Hyderabad, Malkajgiri Branch. When respondent No.2 presented the said cheques for clearance in HDFC Bank, Banjara Hills Branch, the Cheques were returned with an endorsement "Insufficient Funds". Though it the contention of learned counsel for the petitioner that the bank of respondent No.2 is located at Lakdikapool Branch, which comes within the limits of Saifabad Police Station, the complaint disclose that the bank of respondent No.2 is in the limits of Banjara Hills Police Station.
5. A perusal of the impugned docket order dated 18.08.2023 discloses that the Court below while adjourning the matter to 22.08.2023 for arguments observed that respondent No.2 was present; the petitioner was absent; counter was filed in Crl.M.P., since the issues raised in the discharge petition is with regard to jurisdictional error, it would be decided in main judgments and that to avoid further delay, the trial Court has directed both the parties to conclude their arguments in the said Crl.M.P. and also 4 GAC, J Crlp_8000_2023 in the main case on 22.08.2023, failing which, the matter would be decided on merits. Therefore, the case was adjourned to 22.08.2023 for arguments.
6. As per said impugned docket order, it is evident that an issue was raised with regard to the jurisdiction after completion of evidence in the case and main matter itself was posted for arguments. Therefore, the trial Court has come to conclusion that the said issue will be decided along with the main judgment.
7. Admittedly, the petitioner has not raised the point of jurisdiction at the earliest point of time and both the parties have also adduced oral and documentary evidence in this case and when matter has come up for arguments, a petition was filed under the point of jurisdiction. Therefore, the trial Court felt that the Crl.M.P. and main case can be proceeded together. Furthermore, even the contents of complaint also disclose that the cheques were presented in the Bank at Banjara Hills branch.
8. Having regard to the above, this Court is of the considered opinion that there is no error or irregularity in the docket dated 18.08.2023 in Crl.M.P.No.1676 of 2023 in C.C.NI. No.3231 of 2022 passed by the VI Metropolitan Magistrate at Manoranjan Complex, Hyderabad and the Criminal Petition is liable to be dismissed. 5
GAC, J Crlp_8000_2023
9. Accordingly, the Criminal Petition is dismissed as it is devoid of merits.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 04.09.2023 TMK 6 GAC, J Crlp_8000_2023 THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8000 OF 2023 Date: 04.09.2023 TMK