Final Order 1

Order Details: Complaint returned to the Complainant
Pdf Text: C.C.NO. 4400/SS/2018
1 CNR. No. MHMM19-011598-2018
ORDER BELOW EXH. 39
The complainant has forwarded present application with
a prayer to return the complaint for its presentation before
Competent court.
2. It is submitted by the complainant that the process has
been issued against the accused on 14/08/2019. The plea of the
accused came to be recorded and the cross-examination of the
complainant came to be recorded. On 19/08/2025, complainant had
preferred an application to issue witness summons to the banker and
said was allowed. He came to know that the complainant’s home
branch where his account is maintained is situated at Girgaon.
Therefore, he submitted that as per Section 142 (2) (a) of Negotiable
Instruments Act, this court has no jurisdiction to try and entertain the
complaint. Therefore, he prayed to return the complainant for its
presentation with the Competent Court.
3. The accused has filed his say below Exh. 40 and
submitted that the complainant has deliberately chosen to file this
complaint before this court by suppressing fact that his bank account
is maintained with branch outside the jurisdiction of this court. The
matter is part-heard. The present application is filed after 08 years
and liable to be rejected.
4. Heard. Perused the application and say.
5. Present complaint is filed U/s. 138 of Negotiable
Instruments Act. Admittedly, matter is part-heard and posted for
further evidence of the complainant. By way of present application
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2 CNR. No. MHMM19-011598-2018
the complainant has prayed to return the complaint as this court has
no jurisdiction to try and entertain the present complaint. It is the
submission of the complainant that the home branch of the
complainant where she maintains the bank account is situated at
Girgaon. It is his submission that as per Section 142 (2) (a) of N. I.
Act, this court has no jurisdiction to try the present complaint. I have
perused Section 142 (2) (a) of N. I. Act, which reads as follows:-
“(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;”
I have also perused the decision of Hon’ble Supreme Court of
India in M/s. Kamal Enterprises & Anr. V/s. A. K. Constructions Co.,
2025 LiveLaw (SC) 289. It has observed that,
“The petitioners are the accused in the complaints filed under
Section 138 of the Negotiable Instruments Act, 1881. The
contention of the petitioners is that the Trial Court before which
the complaints have been filed by the respondents has no
jurisdiction to entertain the complaints. The petitioners are
entitled to raise the said contention before the learned Magistrate
who is empowered to return the complaint for presentation to
proper Court, if the learned Magistrate is satisfied that the Court
has no territorial jurisdiction.”
In the case in hand, the complainant has filed his bank account
statement and perusal of it seems that the bank account statement is
maintained with New India Cooperative Bank Ltd., Girgaon Branch.
Therefore, the home branch of the complainant is at Gorgaon.
Therefore, as per Section 142 (2) (a) of N. I. Act, this court has no
jurisdiction to try and entertain the complaint. Therefore, the
complaint is required to be return to the complainant for its
presentation with proper court. Hence, I pass following order:-
ORDER
1. The present complaint be returned to the complainant as
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C.C.NO. 4400/SS/2018
3 CNR. No. MHMM19-011598-2018
per Section 201 of Cr.P.C. along with all the papers and
the roznama for being presented before the court of
competent jurisdiction within 30 days.
2. The concerned clerk of this court is directed to preserve a
photo copy of the original complaint, copy of the
documents, roznama and return the original complaint
after due verification by taking necessary endorsement of
acknowledgment of receipt from the complainant.
(Y. P. Pujari)
Date : 12/08/2026 Judicial Magistrate (First Class)
48th Court, Andheri, Mumbai.
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