1. Heard.

2. Admitted and taken up for hearing forthwith by consent.

3. The applicant is the sole accused in Complaint Case No.485/SS/2010 pending before the Metropolitan Magistrate, 14th Court at Girgaum. The said complaint is in respect of an offence punishable under section 138 of the Negotiable Instruments Act (for short 'the N.I. Act'). The respondent no.1 herein is the complainant in the said case. While the trial was in progress, the applicant made an application before the Magistrate titled as "Humble Application of the applicant for challenging jurisdiction of this Hon'ble Court". The applicant contended that on the basis of the evidence that was adduced before the Magistrate during the trial, it was clear that the learned Magistrate had no territorial jurisdiction to entertain the complaint, and try the offence in question. The applicant, therefore, prayed that the order issuing process and the complaint itself be quashed.

4. This application was rejected by the learned Magistrate by an order dated 29th June 2013 holding inter alia that part of the cause of action had arisen in Mumbai, inasmuch as notice of demand of payment in respect of the dishonored cheque