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2007 Supreme(Bom) 1577

N.A.BRITTO
NUTAN DAMODAR PRABHU – Appellant
Versus
RAVINDRA VASSANT KENKRE – Respondent


Advocates:
Advocate appeared:
For petitioners: A.D. Bhobe
For respondent No.1: J. Dias
For respondent No.2: Ms. W. Coutinho, Public Prosecutor

JUDGMENT:- Does the learned JMFC, Margao has territorial jurisdiction to try the Complainant's complaint filed under section 138 of the Negotiable Instruments Act, 1881?

2. That is a short question for consideration before this Court, in this petition filed by the accused under section 482 of the Code (Code of Criminal Procedure, 1973) challenging the order dated 13-8-2007 of the learned JMFC, Margao.

3. Heard learned Counsel on behalf of both parties.

4. The facts are hardly in dispute. The accused have only disputed the Complainant's allegation that the Complainant had advanced loan in cash of Rs.63 lakhs at Margao. There is no dispute that the Complainant as well as the accused reside within the jurisdiction of the JMFC, Panaji. The subject cheques bearing No. 24112 dated 16-11-2004, and bearing No. 24111 dated 19-11-2004, for Rs. 30 lakhs each were given by the accused to the Complainant drawn on Bank of Goa, Ltd., Santa Cruz Branch, which is also situated within the jurisdiction of the JMFC, Panaji. The said two cheques were crossed and the Complainant deposited the same for payment in his account with State Bank of India, at Margao but were returned dishonoured by the Bank of th






























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