CROMPTON GREAVES LTD Vs. SHIVAM TRADERS THANE

JUDGEMENT

(1.) A question as to the territorial jurisdiction of J.M.F.C. 'C Court, Ponda, Dist. North Goa to try an offence punishable under Section 138 of N.I. Act arises in the present Criminal Revision Application. Facts giving rise to the aforesaid offence are as under:

(2.) On 03.10.2008, the respondents/ accused moved an application for returning the complaint to the complainant for want of jurisdiction. The appellant/complainant replied the said application. After hearing the parties, the learned J.M.F.C, Ponda allowed the application dated 03.10.2008 and returned the complaint to the complainant for its presentation before the Court of competent jurisdiction.

(3.) The learned J.M.F.C, Ponda concluded that the transaction of the purchase of electrical goods had actually taken place outside its jurisdiction and the cheque drawn on the bank at Thane was issued by the respondents/accused at Mumbai i.e. outside its jurisdiction. The learned J.M.F.C. did consider the fact that the complainant has its undertaking in Ponda, cheque was presented at Ponda, returned unpaid at Ponda, demand notice was issued in Ponda, monies against the cheque amount were required to be paid to the complainant at Ponda, and further concluded with reference to the judgment Ahuja Nandkishore Dongre Vs. State of Maharashtra, 2006 AllMR(Cri) 3357 that monies are always required to be paid at the place where the business transaction had taken place and, therefore, the aforesaid considerations flowing from the aforesaid facts are not the grounds to file the complaint before it. On this premise the learned J.M.F.C. returned the complaint to the appellant/complainant for presenting the same before the Court of competent jurisdiction.