1. By consent of respective counsel, the matter is taken up for final hearing.

2. By means of this Petition, the petitioners prayed for setting aside the impugned order of issuance of process dated 16.12.2010 passed by the learned Judicial Magistrate, First Class and Special Court under section 138 of the Negotiable Instruments Act ( henceforth,” the N.I.Act” in short) in Summary Criminal Case No.16047/2010 passed against the petitioners ( original accused nos.1 to 7).

3. It is the grievance of the petitioners that all the accused against whom a complaint under section 138 of the N.I. Act was lodged were resident of Mumbai and, as such, resided beyond the jurisdiction of the learned trial Magistrate at Nagpur. The trial Magistrate chose to issue process merely after perusing the complaint, verification and the documents filed by the complainant. The impugned order was passed on the basis of prima facie view of accusation against the accused for offence punishable under section 138 of the N.I. Act.

4. Mr. Sunil Manohar, learned senior Advocate for the petitioners submitted with reference to the ruling in K.T.Josephvs. State of Kerala & another reported in (2009) 15 SCC