Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180038672021
IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C. No.: 551/SS/2021
ORDER BELOW EXH1
Perused complaint and documents filed on record by
complainant. It reveals that the branch of the bank wherein payee maintains
his account, not situates within the jurisdiction of this court. Thus, in view of
the recent amendment in Section 142 of the Negotiable Instruments Act, the
case requires to be returned to the complainant, for being presented before
the court having jurisdiction to entertain it. In present case the disputed
cheque seems to have presented for collection to the account of complainant
i.e ICICI Bank at Borivali branch, and therefore sub clause (a) of Sub section
(2) of Section 142 of Negotiable Instruments Act attracts. Therefore, the
present complaint is required to be returned to the complainant by giving him
liberty to present it before the proper Court in whose jurisdiction the bank is
situated in which the disputed cheque came to be presented for encashment
in view of section 201(a) of Cr.P.C. Hence, I proceed to pass following order.
ORDER
1. The case be returned to the complainant for filing before proper court
i.e. Metropolitan Magistrate, Borivali, in view of section 201 (a) of
Cr.P.C.
2. The judicial clerk of this Court is directed to obtain photocopy of the
original complaint alongwith other relevant documents and other
court orders from the complainant alongwith copy of this order and
make necessary endorsement to that effect on the original complaint
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and fulfill other procedural requirements before returning the present
complaint to the complainant for its presentation before the proper
Court.
( M. Y. Wagh )
Metropolitan Magistrate,
Date : 20.11.2021 58th Court, Bandra, Mumbai
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