Biran N. Shah v. Sangam Suitings, Pur Road Bhilwara (Raj. ) Through Its Power Of Attorney Holder Kanhaya Lal S/o Kaser Lal Parakh
2020-02-06
SANDEEP MEHTA
body2020
DigiLaw.ai
ORDER : 1. Heard. Perused the material on record. 2. By way of these misc. petitions, the petitioners have approached this Court for assailing the proceedings of the Complaint Case Nos.4432/2017, 4434/2017, 8108/2017 and 4433/2017 filed by the respondent firm against the petitioners for the offence under Section 138 of the Negotiable Instruments Act in the Courts at Bhilwara. 3. Learned counsel representing the complainant is in agreement with the contention of the learned counsel representing the petitioners that these complaints could not have been entertained in the court at Bhilwara because no part of cause of action took place in its territorial jurisdiction. The cheques were presented in the bank at Mumbai and were dishonoured by the Bank at Mumbai. The only ground on which the complaints came to be filed at Bhilwara is the fact that the notice for dishonour of the cheques came to be issued by a lawyer practising at Bhilwara. In this view of the matter, I am of the firm opinion that the complaints could neither have been entertained nor the same can be prosecuted in the court at Bhilwara as the said court has no territorial jurisdiction to try these cases. The original complaints with all the documents shall be returned to the complainant who shall be at liberty to file the same in the competent court at Mumbai within 30 days from today. 4. These misc. petitions are allowed in the above terms. Stay applications are disposed of. 5. A copy of this order be placed in each file.