Jurisdiction in cheque dishonor cases is governed by amendments to the Negotiable Instruments Act, affecting ongoing proceedings.

ORAL ORDER

1. By way of present petition under Article 227 of the Constitution of India, the petitioner has prayed for following reliefs :-

"(A) Be pleased to admit and allow this petition;

(B) Be pleased to issue a writ of certiorari, or writ in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the judgment and order dated 16.6.2015 passed by the Learned 4th Additional Sessions Judge, Bhavnagar in Criminal Revision Application No.3/2015 and further be pleased to reject the said Revision Application with costs althroughout.

(C) Pending admission, hearing and final disposal of this petition, to stay the execution, operation and implementation of the judgment and order dated 16.6.2015 passed by the Learned 4th Additional Sessions Judge, Bhavnagar in Criminal Revision Application No.3/2015.

(D) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require."

2. Facts of the case are as under :-

2.1. That the petitioner company has entered into MOU for purchase of agricultural land bearing Survey Nos.335, 336, 337 of village Bhamsara, Taluka Bavla, District Ahmedabad with the respondent no.2. The petitioner company has paid Rs.51,00,000/-(Rupees Fifty One Lakh only) to the respondent no.2 by way of cheque no.446263 dated 6.6.2011 drawn on Corporation Bank, Bhavnagar Branch. Respondent no.2 failed to discharge his obligation and therefore he has agreed to return the amount of Rs.51,00,000/- paid by the petitioner by virtue of the said MOU and given cheque for Rs.51,00,000/- bearing no.155410 dated 25.6.2012 drawn on ING Vaishya Bank, Bodakdev Branch, Ahmedabad. The said cheque when deposited by the petitioner company in its account had returned dishonored with the endorsement of "insufficient balance" on 27.8.2012. Therefore petitioner company filed complaint under Sec. 138 of The Negotiable Instruments Act, 1881 against the respondent no.2 in the Court of Learned Chief Judicial Magistrate, Bhavnagar on 17.10.2012. The said complaint was registered as Criminal Case No.5683 of 2012.

2.2. That respondent no.2 tried to delay the proceedings at each and every stage and submitted applications after applications viz. application for referring the documents to F.S.L. etc. Thereafter the respondent no.2 filed Revision Application before the District and Sessions Court, Bhavnagar against order of the Trial Court ordering exhibition of document being Criminal Revision Application No.93/2014. The District and Sessions Court rejected the said revision application on 12.9.2014. Thereafter the respondent no.2 submitted application Exh.49 for transfer of case at Ahmedabad in view of the judgment of the Apex Court in Criminal Appeal No.2287 of 2009 in case of Dashrath Rupsinh Vs. State of Maharashtra on 14.10.2014. The Learned 7th Additional Senior Civil Judge and Addl. Chief Judicial Magistrate, Bhavnagar vide his order dated 11.11.2014 was pleased to reject the application Exh.49 submitted by the respondent no.2. Thereafter the respondent no.2 once again on 22.12.2014 submitted application Exh.58 for transferring the Criminal Case No.5683 of 2012 to Ahmedabad Court relying on judgment of this Hon'ble Court in Special Criminal Application No.4194 of 2014. The Learned Trial Judge, vide his order dated 9.1.2015 was pleased to dismiss the application Exh.58. Being aggrieved by and dis-satisfied with the said order, the respondent no.2 preferred Criminal Revision Application No.3 of 2015 in the Court of Learned Principal District and Sessions Judge, Bhavnagar on 23.1.2015. Learned Sessions Judge, Bhavnagar vide order dated 16.06.2015 allowed the said Criminal Revision Application No.3 of 2015 and directed to return the complaint to the complainant for being present