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2016 Supreme(Chh) 507

P.SAM KOSHY
Remi Sales & Engineering Ltd. – Appellant
Versus
Vinayak Traders, Bilaspur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Sharmila Singhai, Advocate
For the Respondent:Vinod Tekam, Advocate

ORDER :

P. Sam Koshy, J.

1. The present petition has been filed assailing the order dated 23.06.2016 passed by the 9th Additional Sessions Judge, Bilaspur in Criminal Revision No. 208/2015 whereby the Revisional Court has rejected the revision petition of the petitioners affirming the order passed by the JMFC, Bilaspur dated 10.04.2015 in an unregistered complaint under Section 138 of Negotiable Instruments Act.

2. Brief facts for adjudication of the present petition are that the complainant had initially lodged a complaint under Section 138 of Negotiable Instruments Act (for short 'N.I. Act') before the 25th Jt. C.J.J.D. And J.M.F.C, Nagpur. However, in the light of the judgment of the Hon'ble Supreme Court in the case of Dashrath Pupsingh Rathod v. State of Maharashtra and another, (2014) 9 SCC 129 : (AIR 2014 SC 3519) the JMFC, Nagpur vide its order dated 12.12.2014 refused to entertain the complaint case on account of not having its jurisdiction and returned the same to be presented before the appropriate Court. It is alleged that the said order dated 12.12.2014 was obtained by the present petitioner only on 22.12.2014 and subsequently the complaint case before the JMFC, Bilaspur




























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