Blitz Bureau
Clarifying that a Chief Judicial Magistrate (CJM) has jurisdiction over the entire district, the Jammu and Kashmir and Ladakh High Court has ruled that the CJM can take cognizance of complaints under the Negotiable Instruments Act (NI Act), even if the local limits of a Judicial Magistrate are involved. It dismissed a plea assailing the issuance of process by a CJM in a complaint under the Negotiable Instruments Act.
Justice Sanjay Dhar observed,“It has been contended that as per Section 142 of the Negotiable Instruments Act, it is only the Magistrate within whose local jurisdiction the cheque is delivered for collection or where the cheque is presented for payment by the payee which has the jurisdiction to entertain the complaint. Therefore, it is the Judicial Magistrate 1st Class, Magam, which has the jurisdiction to entertain the present complaint and not the CJM, Budgam. The argument advanced by learned counsel for the petitioner is absolutely frivolous”
While debunking this contention of the petitioner Justice Dhar reasoned,“.. a Chief Judicial Magistrate of a District is vested with territorial jurisdiction in respect of whole of the District. Therefore, the learned CJM, Budgam was well within his jurisdiction to entertain the impugned complaint and take cognizance of the offences” These observations case arose from a petition filed by Aijaz Hussain Rather, who challenged the complaint filed against him by Jeelani Ahmad Dar under Section 138 of the NI Act.
