Order 2

Order Details: Order Below EX 1
Pdf Text: MHMM180006232020
Summons Cases SS/5800135/2020
VIVEK TEJWANI Vs. CREATIVE KAVITAS AND ORS
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.31
1. This is the application for return of complaint on the
ground of jurisdiction of the court filed on behalf of the accused at a
part heard stage of cross examination of the complainant.
2. It is contended on behalf of the complainant that the
complaint shows that the complainant has maintained his account with
State Bank of India but it does not disclose the name of branch or place
to determine the jurisdiction.
3. Complainant objected the application contending that his
account is maintained with State Bank of India, Bandra(W). He admits
that the cheque was presented for realization in said branch.
4. On hearing both sides, it is crystal clear that the
complainant has maintained his bank account at State Bank of India,
Linking Road, Bandra (W) branch, which is situated within the
jurisdiction of this court.
5. The complaint can present cheque at any of the branch of
the State Bank of India. What is important to see is where the
complainant has maintained his principal bank account and not in
which branch of such a bank he has presented the cheque for
collection. The explanation to section 142(2) is quite clear to that
effect. Further, the question is to be considered during the trial that is
a part of evidence. The complainant is coming with a bold case of
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2 Summons Cases SS/5800135/2020
Order below Exh.31
maintaining account at Linking Road, Bandra(W) branch. Therefore, in
view of section 142(2) of Negotiable Instrument Act, the complaint is
maintainable before this court. Hence, I pass following order.
O R D E R
1) The application is rejected.
2) Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 22.11.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order below Exh.31
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate (First Class), 58th Court,
Bandra, Mumbai.
Dictated in open court on : 22.11.2024
Transcribed and Typed on : 22.11.2024
Order printed and Signed on : 22.11.2024
Order Uploaded on : 22.11.2024
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