SHRIMAN H DHULAPKAR Vs. BHAIRUNATH BABURAO

JUDGEMENT

(1.) HEARD.

(2.) ONE of the grounds why the accused has been acquitted under section 138 of the Negotiable Instruments Act, 1881 is that the complaint was filed in a wrong Court i. e. J. M. F. C. , Bicholim. The learned Magistrate has come to the conclusion that the complaint could have been filed either in the court of J. M. F. C. , Sattari or in the Court of J. M. F. C. , Ponda. In case the complaint was filed in a wrong Court it was the duty of the learned J. M. F. C. to have returned the complaint for presentation to the proper Court in terms of clause (a) of Section 201 of Criminal Procedure Code. Since the learned j. M. F. C. has held that either of the Courts at Sattari or Ponda could have jurisdiction to dispose off the case filed by the complainant, learned Counsel on behalf of both parties have no objection in case the J. M. F. C. at Ponda hears the parties and disposes off the case, finally. As a result, the impugned judgment is hereby set aside.

(3.) CONSIDERING that the trial has already taken place and the evidence is recorded, the learned J. M. F. C. is hereby directed to send the records and proceedings of the said case to the learned J. M. F. C. , Ponda within a period of three weeks who shall dispose off the case in accordance with law after hearing both the parties.