Final Order 1

Order Details: Case/Complaint returned to Complainant
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS,
33rd COURT, BALLARD PIER AT MAZGAON, MUMBAI.
C. C. No. 5381/SUM/2026
M/s. Shri Sagas Connect Pvt. Ltd. ... Complainant
Vs.
M/s. Balaji Dryfruits, Masala & Mukhvas ... Accused.
Common Order Below Exhibit-01 and Exhibit-03
The present complaint has been filed by the complainant
against the accused for the offense punishable u/sec.138 of N. I. Act.
2. Today the complainant has filed an application at Exh.03
for return of this complaint to be filed in the jurisdiction of the
Judicial Magistrate First Class, 43rd Court, Borivali, Mumbai
u/sec.224 of BNSS. Report of J. C. is called for. Perused the said
report.
3. It is contention of the complainant that he has
maintained his account with HDFC Bank Ltd., Branch Kandivali East,
Mumbai. Also the accused has maintained his account with AU
Small Finance Bank, Vasai. Therefore, this complaint ought to have
been filed before the Judicial Magistrate First Class at 43rd Court,
Borivali, Mumbai. On perusal of documents on record it appears that
contents of application are supported by it. On perusal of disputed
cheque and cheque return memo it appears that the account of
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C. C. No. 5381/SUM/2026
complainant as well as the account of accused were not situated in
the jurisdiction of this court. On the contrary complainant has
maintained his account within the local jurisdiction of Borivali Court.
4. In this respect, I have heard Ld. advocate for
complainant and perused the record. In order to decide the
jurisdiction, section 142 (2) of the N. I. Act is important, which states
that;
“(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 through an account, the branch
of the drawee bank where the drawer maintains the account, is
situated.
Explanation – For the purposes of clause (a), where a cheque is
delivered for collection at any branch of the bank of the payee or
holder in due course, then, the cheque shall be deemed to have
been delivered to the branch of the bank in which the payee or
holder in due course, as the case may be, maintains the account.”
5. Also in view of the provisions of section 224 (a) of BNSS
it is provided that if the complaint is made to a Magistrate who is not
competent to take cognizance of the offense, he shall if the complaint
is in writing be return it for the presentation to the proper court with
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C. C. No. 5381/SUM/2026
an endorsement to that effect.
6. In view of above mentioned both provisions and as the
complainant has maintained his bank account at HDFC Bank Ltd.,
Branch Kandivali East, Mumbai – 400101, which is situated within
the local jurisdiction of Borivali Court, it needs to return the
complaint to the complainant for its presentation before the proper
court at Judicial Magistrate First Class at 43rd Court, Borivali,
Mumbai. Accordingly following order is passed :-
O R D E R
i) Application of Exh.03 is allowed.
ii) The complaint and original documents submitted along-
with it if any, be returned to the complainant for filing it
before Judicial Magistrate First Class, 43rd Court, Borivali,
Mumbai.
iii) C. C. and J. C. to comply with the order.
iv) Accordingly complaint is disposed off.
(K. K. Mane)
Date : 23.09.2026 Judicial Magistrate First Class,
33rd Court, Ballard Pier at Mazgaon, Mumbai.
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