[Cites 7, Cited by 0]
Madhya Pradesh High Court
Raju Singh Kushwah vs Ramavtar Singh Kushwah on 3 December, 2025
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2025:MPHC-GWL:31001
1 MCRC-21021-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
MISC. CRIMINAL CASE No. 21021 of 2023
RAJU SINGH KUSHWAH
Versus
RAMAVTAR SINGH KUSHWAH
Appearance:
Ms. Ayusi Vyas - Advocate for the petitioner.
Shri Surendra Singh Dhakad - Advocate for the respondent.
............................................................................................................................
Reserved on : 27.11.2025
Delivered on : 03.12.2025
............................................................................................................................
This petition having been heard and reserved for orders, coming on for
pronouncement this day, the Hon'ble Shri Justice Milind Ramesh
Phadke pronounced/passed the following:
ORDER
The present petition under Section 482 of Cr.P.C./528 of BNSS has
been filed by the petitioner seeking following reliefs:-
It is humbly prayed before this Hon'ble Court that the present petition may kindly be
allowed and the order dated 27/02/2023 passed in case no. 1008/2016 by the ld. Judicial
Magistrate First Class, Sewda, District Datia, M.P., letter dated 04/03/2023 issued by
JMFC, Sewda, District- Datia, M.P. and the letter/order dated 23/03/2023 issued/passed
by ld. Sessions Judge, District- Bhind, M.P may kindly be set aside.
2. Brief facts of the case are that the petitioner filed a complaint under
Section 138 of the Negotiable Instruments Act before the Judicial Magistrate
First Class (JMFC), Datia, which was registered as Case No. 1008/2016.
During the proceedings, the entire defence evidence was completed and the
NEUTRAL CITATION NO. 2025:MPHC-GWL:31001
2 MCRC-21021-2023
matter had reached the stage of judgment. However, at the final stage, the
JMFC suddenly observed that the court did not have territorial jurisdiction to
hear the case, hence, a letter dated 04.03.2023 was issued by the JMFC
stating that because of the 2015 amendment to the NI Act , the case should
not continue in Datia. The parties were thereafter directed to appear before
the Sessions Court, Bhind. The Sessions Judge, relying on the judgment in
Bridgestone India Pvt. Ltd. v. Inderpal Singh , held that the complaint must
be returned to the complainant for presentation before the proper court
having jurisdiction. Consequently, the matter was sent back to the JMFC for
returning the complaint. Aggrieved by the impugned orders/letters, the
petitioner has filed the present petition under Section 482 Cr.P.C., seeking
quashing of the orders and praying for expeditious disposal of the Section
138 complaint filed by the petitioner.
3. Learned counsel for the petitioner submitted that the Trial Court did
not consider that transferring the case at such a late stage after all evidence is
completed would cause serious injustice to the petitioner. The case is almost
finished, so it should not be shifted now. It was further argued that in
Dashrath Rupsingh Rathod v. State of Maharashtra (2014) , the Supreme
Court clearly held that if the trial has already started and evidence under
Section 145(2) of the NI Act has been recorded, then the case should
continue in the same court where it was originally filed. This principle still
applies even after the 2015 amendment to the NI Act, as the amendment did
not disturb or overrule this part of the judgment. Counsel also submitted that
under Section 142 of the NI Act , when a cheque is presented through an
NEUTRAL CITATION NO. 2025:MPHC-GWL:31001
3 MCRC-21021-2023
account, jurisdiction lies where the drawer's bank branch is located. In this
case, the cheque is a bearer cheque, and the drawer's account is in Datia.
Therefore, the Datia Court has the correct jurisdiction, and the Trial Court
failed to consider this important fact. On the aforesaid grounds, it is prayed
that the present petition be allowed and the impugned order dated 27.02.2023
as well as letters dated 04.03.2023 and 23.03.2023 be quashed.
4. Per contra, learned counsel for the respondent supported
the impugned order and submitted that once the Trial Court realized the lack
of jurisdiction, it was duty-bound to take corrective action, hence, prayed for
dismissal of the present petition.
5. Heard learned counsel for the parties and perused the record.
6. In view of the overall facts and circumstances of the case, and
considering that the complaint under Section 138 of the NI Act had already
reached the stage of final judgment after completion of the evidence of both
sides, this Court is of the considered opinion that the Trial Court committed a
grave error in holding, at such an advanced stage, that it lacked territorial
jurisdiction. The Trial Court failed to appreciate that the cheque in question
was a bearer cheque and the drawer's account was maintained at Datia,
therefore jurisdiction was clearly vested in the Datia Court. The subsequent
directions issued by the JMFC and the Sessions Judge, based on an incorrect
interpretation of the law and contrary to the settled principles laid down by
the Supreme Court, have resulted in unnecessary delay and prejudice to the
petitioner.
7. Accordingly, the impugned order dated 27.02.2023 passed by the
NEUTRAL CITATION NO. 2025:MPHC-GWL:31001
4 MCRC-21021-2023
JMFC, Sewda, District Datia, as well as the letters dated 04.03.2023 and
23.03.2023, are hereby quashed and set aside. The present petition under
Section 482 Cr.P.C./Section 528 BNSS is allowed, and the Trial Court is
directed to proceed with the complaint in case No.1008/2016 and conclude
the matter expeditiously in accordance with law.
(MILIND RAMESH PHADKE)
JUDGE
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Date: 2025.12.03 18:14:59 +05'30'
