Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
MHMM180049972021
IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
C.C. No.: 5800648/SS/2021
ORDER BELOW EXH1
1. Perused complaint and documents filed on record by the
complainant. The complainant has filed present complaint on 30.09.2021
before this court. He stated in his complaint that the disputed cheque was
deposited with ICICI Bank at Jasmin Mill, Mumbai 400 017, but he further
stated in para No.13 of the complaint that the second time disputed
cheque was deposited with ICICI Bank having account No.122305000790
at Masjid Bunder(W) branch, Mumbai 400 009.
2. I have reproduced the Sub Clause(2) of Section 142 of the
Negotiable Instruments Act, 1881 for the reference:
(2) The offence under section 138 shall be inquired
into and tried only by a Court within whose local
jurisdiction,
(a) if the cheque is delivered for collection
through an account, the branch of the bank
where the payee or holder in due course, as the
case may be, maintains the account, is situated;
or
(b) if the cheque is presented for payment by the
payee or holder in due course, otherwise
-- 1 of 2 --
2
through an account, the branch of the drawee
bank where the drawer maintains the account, is
situated.
3. The disputed cheque seems to have presented for collection to
the account of complainant i.e ICICI Bank at Masjid Bunder(W) branch,
Mumbai400 009. It reveals that the branch of the bank wherein payee
maintains his account, not situates within the jurisdiction of this court.
Therefore, the present complaint is requires 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 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 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 : 14.01.2022 58th Court, Bandra, Mumbai.
-- 2 of 2 --