BIRAN N SHAH Vs. SANGAM SUITINGS

JUDGEMENT

(1.) Heard. Perused the material on record.

(2.) By way of these misc. petitions, the petitioners have approached this Court for assailing the proceedings of the Complaint Case Nos.4432/2017, 4434/2017, 8108/2017 and 4433/2017 filed by the respondent firm against the petitioners for the offence under Section 138 of the Negotiable Instruments Act in the Courts at Bhilwara.

(3.) Learned counsel representing the complainant is in agreement with the contention of the learned counsel representing the petitioners that these complaints could not have been entertained in the court at Bhilwara because no part of cause of action took place in its territorial jurisdiction. The cheques were presented in the bank at Mumbai and were dishonoured by the Bank at Mumbai. The only ground on which the complaints came to be filed at Bhilwara is the fact that the notice for dishonour of the cheques came to be issued by a lawyer practising at Bhilwara.