Final Order 1

Order Details: Copy  of Judgment
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C. C. No. 4267/SS/2018
CNR No.MHMM190109432018
ORDER BELOW EXHIBIT NO. 53 AND 55
By way of this application at Exh. 53, accused has prayed to decide whether
this court has jurisdiction to try this complaint. According to him, this court has no
territorial jurisdiction to entertain this complaint.
2. Ld. Advocate for complainant filed his reply wherein he admitted that bank
account of complainant, is not situated within jurisdiction of this court. However,
according to him, cheque was deposited at the branch which is situated within
jurisdiction of this court. Hence he prayed for rejection of this application.
3. Heard Ld. Advocate for both parties and gone through the record. During
course of argument, when it is brought to the notice of advocate for complainant
that in view of Section 142 of N.I. Act, now only the court in whose jurisdiction
complainant maintains account is the proper court to try that complaint, then
complainant filed application at Exh. 55 stating therein that, 28th Metropolitan
Magistrate's court at Esplanade is having jurisdiction to entertain this complaint.
Hence, he prayed to return the complaint to him to file it before 28 th Court,
Esplanade, Mumbai with further prayer to give directions to the accused to appear
before that court on 27/06/2023. In fact, both parties with consent have fixed
next date to appear before 28th Court, Esplanade, Mumbai.
4. In view of above discussion, it becomes clear that, this court has no
jurisdiction to try this complaint and hence same is to be returned to the
complainant to file it before appropriate court. In result, I pass following order:
ORDER
1. Application at Exh. 53 and Exh. 55 are allowed.
2. Original complaint along with documents be returned to the
complainant to file in the 28th Court, Esplanade, Mumbai (As stated
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by the complainant).
3. Accused is directed to appear before 28th Metropolitan Magistrate's
Court, Esplanade, Mumbai on 27/06/2023.
4. Complainant to collect the original documents and file it before
appropriate court within one month from today.
Date : 03/04/2023 (K. G. Sawant)
Metropolitan Magistrate
48th Court, Andheri, Mumbai
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