Chief Judicial Magistrate Has Jurisdiction Over Entire District, Can Take Cognizance Under NI Act: J&K High Court

Clarifying that a Chief Judicial Magistrate 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, even if the local limits of a Judicial Magistrate are involved. In dismissing 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, 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. and emphasized that a Chief Judicial Magistrate possesses territorial jurisdiction over the entire district, including all subordinate locations.