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M.L.TAHALIYANI
Ramanbhai Mathurbhai Patel – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Raju M. Jain, Advocate.
For the Respondents:R1, G.P. Mulekar, A.P.P., R2, Jatin Shah a/w. Deepak Sharma, Advocate.

JUDGMENT

M.L. Tahaliyani, J.—Admitted.

2. Heard finally.

3. The petitioner is facing trial for the offence punishable u/s. 138 of N.I. Act vide Summary Criminal Case No. 3684 of 2013 in the Court of Metropolitan Magistrate, 59th Court at Kurla. The complaint was originally filed in 61th Court at Kurla and now it has been transferred to 59th Court at Kurla by the Chief Metropolitan Magistrate. The petitioner is aggrieved by the order passed by the learned Metropolitan Magistrate issuing process against the petitioner to answer the charge for the offence punishable u/s 138 of Negotiable Instruments Act. He wants that the complaint be returned to the respondent No. 2 (original complainant) for being presented before the Court having territorial jurisdiction to entertain and try the case.

4. The two cheques in question were admittedly issued by the petitioner in favour of the respondent No.2. The first cheque of Rs. 9,90,000/. was drawn on State Bank of India, Gandhinagar Branch, Ahmedabad, Gujarat. The other cheque was drawn on Bank of Maharashtra, Gandhinagar Branch, Ahmadabad, Gujarat. Both the cheques were payable at par at all branches of the respective banks. The issue raised befor




















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