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2014 Supreme(Bom) 1727

ABHAY M.THIPSAY
Peter Devid Xavier Pinto – Appellant
Versus
Dinesh M. Ranawat – Respondent


Advocates Appeared:
For the Petitioners:K.M. Irani i/b. A.A. Kocharekar, Advocates.
For the Respondents:R1, S.R. Ingule, Advocate, S.S. Kaushik, A.P.P.

Judgment :

1. Rule.

2. By consent, rule made returnable forthwith.

3. Respondents waive service.

4. By consent, heard finally.

5. The petitioner is the sole accused in C.C.No.1117 of 2009, pending before the Judicial Magistrate First Class at Pune. The case is in respect of an offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as 'the N.I. Act'), and arises on a complaint filed by the respondent No.1 (hereinafater referred to as 'the complainant', for the sake of clarity) herein. The petitioner had made an application before the learned Magistrate contending that the learned Magistrate had no territorial jurisdiction to entertain the complaint and try the alleged offence, and praying that the complaint be returned to the complainant for presenting it before proper Court. However, on the ground that 'the collecting Bank was situated within the area where the learned Magistrate exercised his jurisdiction', the learned Magistrate did not accept the contention of the applicant and rejected his prayer. Aggrieved by the order of the Magistrate, the petitioner approached the Court of Sessions by filing an application for revision, but the



















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