VILAS KANDANMAL LODHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for quashing of proceedings in a Criminal Case (STC No.100/2003) pending on the file of learned Judicial Magistrate (F.C.), Kopargaon.

(2.) The applicant is original accused. He allegedly issued a cheque in favour of complainant/Respondent No.2 for Rs.3,00,000/- (Rupees three lacs) on 14.7.2002, in order to discharge liability for repayment of loan amount obtained by him. The cheque was drawn on Nagar Urban Cooperative Bank, Branch Ahmednagar. The cheque was presented by the complainant in his bank at Kopargaon on 26.11.2002. The cheque, however, bounced. The complainant therefore, issued a demand notice dated 9.12.2002 and called upon the applicant/accused to pay the amount. The applicant (accused) allegedly gave false reply to the notice on 24.12.2002.

(3.) The present application is filed on the ground that the Court of Judicial Magistrate (F.C.) at Kopargaon has no territorial jurisdiction to try the Criminal case. The applicant would submit that the Complainant/Respondent No.2 failed to explain as to how the Judicial Magistrate at Kopargaon has jurisdiction to try the Criminal case. He would submit that an Insolvency Petition No.1/2005 is filed by him.