THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Tr.Crl.P.No.162 of 2008 Date of Order: 17-06-2010 Between: M/s.Basweswara Traders and another ..Petitioners/Accused and 1.The State of A.P. rep. by Public Prosecutor, High Court of A.P., Hyderabad and antoher ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Tr.Crl.P.No.162 of 2008 Oral order: The 2nd petitioner/accused in C.C.No.783 of 2007 filed this Transfer Criminal Petition to withdraw the said CC pending on the file of IV Additional Chief Metropolitan Magistrate, City Criminal Court, Hyderabad and transfer the same to the Court of Judicial First Class Magistrate, Tandur, where similar cases are pending between the 2nd petitioner and the 2nd respondent/complainant for similar offences. The 2nd accused in the above CC was tried for the offence under Section 138 of Negotiable Instruments Act, 1881 (for short “the Act”) alleging that he issued a cheque bearing No.681308 dated 27-11-2006 for a sum of Rs.10,50,000/- drawn on State Bank of Hyderabad, Tandur Branch, Ranga Reddy District in favour of the 2nd respondent and the same has been dishonoured on 11-05-2007 with an endorsement “Account closed”. Hence, the above C.C.No.783 of 2007 has been filed by the 2nd respondent/complainant. It is also alleged that the 2nd respondent with a view to harass the 2nd petitioner, filed other cases through his wife including the private complaint for the offence punishable under Section 138 of the Act before the Chief Judicial Magistrate, Kollam, Kerala State. On 2nd petitioner filing Transfer Petition Nos.307 and 308 of 2007, seeking to transfer of the cases from the Court of Judicial First Class Magistrate, Kollam to the Judicial First Class Magistrate, Tandur, the Supreme Court by order dated 15-02-2008 transferred the said cases to the Court of Judicial First Class Magistrate, Tandur. The present case is yet another complaint filed by the 2nd respondent as a part of his larger design to harass the 2nd petitioner and the cause of auction, if any, is only at Tandur, as such the Court of Judicial First Class Magistrate, Tandur alone has jurisdiction to try the said case. Hence, the present Transfer Criminal Petition. Admittedly, in the complaint, the 2nd respondent conveniently has not disclosed the presentation of the cheque with his banker and the dishonour of the same. Since the 2nd petitioner/accused is a resident of Tandur and the cases, which were instituted by the 2nd respondent/complainant for the similar offences, are transferred by the Honourable Supreme Court to the Court of Judicial First Class Magistrate, Tandur; the present case also stands on the similar line and no prejudice is caused to the 2nd respondent/complainant on transfer of the said CC to the Tandur Court and it is also beneficial to the parties that all the cases pending are decided by the trial court in one common order, the C.C.No.783 of 2007 is liable to be transferred. Further, the Supreme Court in K.BHASKARAN v. SANKARAN VAIDHYAN BALAN[1] held under Section 177 of the Code of Criminal Procedure “every offence shall ordinarily be inquired into and tried in a Court within whose jurisdiction it was committed”. The locality where the bank (which dishonoured the cheque) is situated cannot be regarded as the sole criteria to determine the place of offence. It must be remembered that offence under Section 138 would not be completed with the dishonour of the cheque. It attains completion only with the failure of the drawer of the cheque to pay the cheque amount within the expiry of 15 days mentioned in Clause (c) of the proviso to Section 138 of the Act. In view of the same, the Court of Judicial First Class Magistrate, Tandur where cause of action arises will have jurisdiction to try the case. In spite the proceedings are stayed since from September, 2008, the 2nd respondent has not chosen to get the stay vacated, in order to expedite the hearing of the case. In view of the same, C.C.No.783 of 2007 pending on the file of IV Additional Chief Metropolitan Magistrate, City Criminal Court, Hyderabad is withdrawn and transferred to the Court of Judicial First Class Magistrate, Tandur. Transfer Criminal Petition is accordingly allowed. _________________ A.GOPAL REDDY, J. 17-06-2010 Murthy [1] AIR 1999 SC 3762