BASAVRAJ Vs. VIKRAMSINGH

JUDGEMENT

(1.) THOUGH this petition is listed for admission, with consent, it is taken up for final disposal.

(2.) THIS petition is filed invoking the provisions of Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C., for brevity) to quash the order passed by the jurisdictional Magistrate in ordering to return the complaint to file the same before the jurisdictional Court and also in rejecting the applications filed by the petitioner herein for re -admission of the complaint. Briefly stated, the petitioner herein is the complainant before the Magistrate Court, who had filed a complaint under Section 200 of Cr.P.C. against the accused in respect of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act', for brevity).

(3.) THE learned Magistrate rejected the application which order is impugned in this petition. The learned Judge also noticed that in the present case the stage of the case has not reached upto Section 145(2) of the N.I. Act and the complainant had already received the complaint and the documents and the complaint has to be presented before the proper jurisdiction of Court, which was the drawer Bank/Syndicate Bank, Kolhapur.