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Nishant Aggarwal Vs. Kailash Kumar Sharma [01/07/13]

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[Criminal Appeal No. 808 of 2013 arising out of S.L.P. (CRL.) No. 9434 of 2011]. The question which has to be decided in this appeal is whether the Court, where a cheque is deposited for collection, would have territorial jurisdiction to try the accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short "the N.I.Act") or would it be only the Court exercising territorial jurisdiction over the drawee bank or the bank on which the cheque is drawn? This appeal is directed against the final judgment and order dated 31.10.2011 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Misc. No. M-32542 of 2011 whereby the High Court dismissed the petition filed by the appellant herein on the ground that it is not a fit case for invoking Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"). Brief facts: The appellant herein is the Director of M/s Byrni Steel Private Limited and his father Mr. B.L. Aggarwal is the Managing Director of M/s Mechfeb Engineering Industries Private Limited situated at Meghalaya and Guwahati. The respondent was associated with both the abovementioned firms as he used to bring business from various private firms and Government Departments on commission basis.

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