This revision against an order taking cognizance of an offence u/s 138 N.I. Act was disposed of. The court granted liberty to the petitioner to raise the issue of the court below's lack of jurisdiction before that court.
Revision disposed of; liberty granted to petitioner to raise question of lack of jurisdiction of the court below.
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CRLREV NO. 1699 OF 2008
By the said order, the court below on receiving the complaint filed by the opposite party no. 2 and going through the affidavit as also the documents has taken cognizance of offence under section 138 of the N.I. Act and directed for issuance of process against the petitioner arraigned therein as accused.
Learned counsel for the petitioner submits that the court below while passing the impugned order has lost sight of an important fact that even on acceptance of the averments made in the complaint, it has no jurisdiction to entertain the complaint. In course of further hearing, he prays for withdrawal of this revision with liberty to approach the learned court below by filing appropriate application raising the above contention as to the lack of jurisdiction and for that he seeks liberty in that light.
Considering the submission, the revision stands disposed of granting liberty to the petitioner to raise the question of lack of jurisdiction on the part of the court below to entertain the complaint for its consideration and answer on its own merit and in accordance with law.
Accordingly, the revision stands disposed of.
Interim order dated 20.01.2009 does not more survive.
Issue urgent certified copy as per rules. ……..
……………………..
D. Dash, J.
Narayan
2 issues framed by the court
Whether the court below had jurisdiction to entertain the complaint under Section 138 of the N.I. Act.
Whether the petitioner is entitled to withdrawal of the revision with liberty to approach the learned court below regarding lack of jurisdiction.
1 provisions across 1 enactments
Petitioner
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
