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2015 Supreme(Bom) 587

M.L.TAHALIYANI
Nilkamal Limited – Appellant
Versus
Union Territory of Dadar & Nagar Haveli, Silvassa – Respondent


Advocate Appeared:
For the Petitioner:Yashpal Thakur i/b. PKA Advocates.
For the Respondents:R1, D.A. Nalavade, Advocate, R2, V.B.K. Deshmukh, A.P.P.

Judgment :-

1. The petitioners are the complainant in Summary Criminal Case No.172 of 2014. The complaint of the petitioners has been directed to be returned to them on the ground that the cheque in question was dishonoured not within the territorial jurisdiction of the learned Judicial Magistrate of Silvassa. The said order has been challenged before this Court. This Court has issued notice to the Union Territory of Dadar and Nagar Haveli, Silvassa. The learned Public Prosecution Mr. Nalavade for the Union Territory of Dadar and Nagar Haveli, Silvassa, is present.

2. The grievance of the petitioner's is that the learned Magistrate has returned the complaint despite the fact that the cheque was dishonoured at Silvassa by Silvassa Branch of State Bank of India though it was drawn on State Bank of India, Ghaziabad Branch. Since it was cheque at par, the same was dishonoured by the branch of State Bank of India situated at Silvassa. In view of judgment of this Court in case of Ramanbhai Mathurabhai Patel Vs. The State of Maharashtra & Anr.- Criminal Writ Petition No.2362 of 2014, the complaint could have been tried by the learned Magistrate at Silvassa.

3. The learned Magistrate has re









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