MUKESH DESAI Vs. KALYAN BANERJEE

JUDGEMENT

(1.) HEARD Mr.Kothari, the learned counsel for the petitioner. Mr.Sorankar appears for the complainant and the learned APP appears for the State.

(2.) AS per the petitioner-accused the cause of action for the complaint is entirely within the territorial jurisdiction of Vapi and the complainant - respondent no.1 is a resident of Vapi and, therefore, the complaint filed by the respondent no.1 before the learned Metropolitan Magistrate at Mumbai is not maintainable.

(3.) HAVING regards to this documentary evidence, the learned counsel for the respondent no.1 states that the complaint filed before the Metropolitan Magistrate will be withdrawn and a fresh complaint before the Court at Vapi will be filed.