HANIF KHAN Vs. PAPPI

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Code of criminal Procedure (for short the Code) for quashing of complaint No. 84 dated 24-5-1999 filed under Section 138 of the Negotiable instruments Act as also the orders dated 3-3-2001 passed by the Judicial magistrate First Class, Gurgaon, and 5-3-2001 passed by the Chief judicial Magistrate, Gurgaon.

(2.) THE short contention urged by Mr. Sanjay Vij, the learned counsel for the petitioner is that the learned Judicial Magistrate First Class, gurgaon, after finding that he had no jurisdiction to entertain the complaint, was liable to return the same to the complainant in terms of section 201 of the Code and not send the file to the court of learned chief Judicial Magistrate, Gurgaon, for transfer of the case to the Court of competent jurisdiction at Nuh.

(3.) LEARNED counsel for the complainant, however, contends that the order having been passed with the consent of the petitioner, there is no fault with the order of the Judicial Magistrate First Class, Gurgaon, in sending the file to the learned Chief Judicial Magistrate, Gurgaon, for transfer of the case to of the Court of Sub Divisional Judicial Magistrate, Nuh.