U.V. Bakre, J.— This is complainants appeal from Order dated 9th April, 2009 passed by the learned Judicial Magistrate First Class, Ponda (trial Magistrate, for short) in Criminal Case No. 582/OA/2006/C holding that he has no territorial jurisdiction to entertain the said complaint.

2. The said complaint is in respect of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the Act, for short).

3. The complainant is a company registered under the Companies Act, 1956 and having its registered office at Worli, Mumbai and various divisions including Fan and Electrical Division at Bethoda, Ponda Goa. The accused was the authorized dealer of the complainant for various ranges of electrical items. The accused had from time to time placed orders with the complainant and the complainant had sold, supplied and delivered to the accused various electrical items. According to the complainant, the accused had accepted the delivery of the same without raising any dispute as to its quality and/or quantity thereof and the complainant thereafter had raised, issued and delivered to the accused their invoices, which were accepted by the accused, and the complainant