IMPORTANT POINT
Complaint will be maintainable only at place where cheque stands dishonoured.

P.N. Deshmukh, J.––Heard finally with consent of learned Counsel for the parties.

2. This criminal application is filed by the applicant/accused challenging jurisdiction of the learned Chief Judicial Magistrate, Yavatmal in entertaining complaint filed by the respondent/complainant Miss. Auto mark Industries (India) Ltd. under Section 138 of Negotiable Instruments Act, 1881.

3. Shri Agnihotri, learned Counsel for the respondent/complainant, states that the proceedings before trial Court are almost complete. It is submitted by learned Counsel appearing for both the sides that the matter is now fixed for arguments before trial Court. The learned Counsel for both the sides have not disputed the recent position on the aspect of jurisdiction pertaining to cases filed under Section 138 of Negotiable Instruments Act as laid down by the Apex Court in its judgment in Criminal Appeal No.2287/2009 (Dashrath Rupsingh Rathod vs. State of Maharashtra and another) and in para 20 thereof, it is directed that in cases where recording of evidence has commenced as envisaged in Section 145(2) of Negotiable Instruments Act, 1881, proceedings will continue at that place. It is further clarified that regardless of whether evidence has been led before the Magistrate at the pre-summoning stage, either by affidavit or oral statement, the complaint will be maintainable only at the place where the cheque stands dishonoured.

4. In view of the above guidelines of the Apex Court and considering the fact that criminal complaint being Summary Criminal Case No. 833/2009 pending on the file of Chief Judicial Magistrate, Yavatmal is at the fag end of the trial since it is posted for argument, there cannot be any Impediment of the recent judgment of the Apex Court in the case of Dashrath Rupsingh Rathod (cited supra).

5. In that view of the matter, present criminal application is liable to be dismissed and is accordingly dismissed: Ad interim order in force stands vacated. Rule is discharged. No order as to costs. Since it appears that the trial is stayed since 2010, the learned trial Court is directed to dispose of Summary Criminal Case No.833/2009 within two months from the date of receipt of this judgment

6. In view of above facts, Criminal Application No.683/2014 stands disposed of in above terms.

Criminal Application dismissed.