PRADEEP MANIKCHAND GADIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed by the original accused in a complaint filed under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the said Act of 1881). The Respondent No.2 herein is the original complainant.

(2.) THE facts which are relevant in this Petition are as under:

(3.) AN Application was made by the Petitioner at Exhibit 57 contending that the said Court had no jurisdiction to take cognizance of the complaint filed by the Respondent No.2. The contention raised in the Application is that the cheque in question was neither drawn on a Bank nor presented at a Bank which is located within the jurisdiction of the said Court. It is contended that the place of residence of the Petitioner and the Respondent No.2 is also outside the jurisdiction of the said Court. It is pointed out that the place where the Respondent No.2 is doing medical practise is not located within the jurisdiction of the said court. A reply was filed by the Respondent No.2 to the said Application. The contention raised is that demand notice was issued by the Advocate for the Respondent No.2 from his office which is situated within the jurisdiction of the court of the Judicial Magistrate (A.C.), Pune and even reply to the notice was given at the same address.