DEVENDRA KISHANLAL DAGALIA Vs. DWARKESH DIAMONDS PVT. LTD

JUDGEMENT

(1.) Leave granted. These appeals have been preferred by the appellant- complainant against the judgment and order dated 6th December, 2012 passed by the High Court of Judicature at Bombay in Criminal Writ Petition Nos.3992 and 3993 of 2011. By the impugned judgment the High Court set aside the order passed by Sessions Judge in CRA No.301 of 2010 and upheld the order passed by the Special Metropolitan Magistrate.

(2.) The appellant filed complaints being CC No.3142/SS/2008 and CC No.3286/SS/2008 under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the N.I. Act') in the Court of the Special Metropolitan Magistrate at Small Causes Court on 28th July, 2008 and 18th August, 2008. Learned Metropolitan Magistrate after recording of the pre- summoning evidence issued summons on the accused under Section 204 Cr.P.C. The accused-respondents 1, 2 & 3 then filed application under Section 201 Cr.P.C. for return of complaint for want of jurisdiction. They alleged that the entire transaction took place at New Delhi and only the legal notice was issued from Mumbai and hence the learned Magistrate has no jurisdiction to try and entertain the complaint. A similar application was filed by the accused in CC No.3286/SS/2008. Thereafter, the learned Magistrate by order dated 5th January, 2010 allowed the application under Section 201 Cr.P.C. and returned the complaint for want of jurisdiction. A similar order was passed by the learned Magistrate in CC No.3286/SS/2008.

(3.) Being aggrieved, the appellant-complainant filed Criminal Revision Applications Nos.301 & 302 of 2010 before the Sessions Court, Greater Bombay. Learned Sessions Judge by the judgment and order dated 2nd November, 2011 allowed the criminal revision applications and set aside the orders of learned Magistrate and the matter was remitted back to the Magistrate. However, at the instance of Respondent Nos.1, 2 & 3 the order passed by the Sessions Judge was set aside by the High Court by the order impugned.