YOGESH JAYASWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition under Sec. 397 read with Sec. 401 Crimial P.C. has been filed by the accused petitioner to assail the order dated 19th April, 2011 passed by the court of Additional Sessions Judge (Fast Track) No.3, Jaipur Metropolitan, Jaipur whereby he had set aside the order dated 13th Aug., 2010 passed by the Special Magistrate (NI Act Cases) No.2, Jaipur Metropolitan, Jaipur whereby the complaint was returned to the complainant to institute the same in the court of competent jurisdiction.

(2.) In the present case, no details have been given as to where the petitioner was maintaining his bank account and at which place the cheque was and presented and by which bank the same was retuned. A perusal of the order passed by the Magistrate where by the complaint was returned reveal that the Magistrate after taking cognizance, on the application filed by the accused had returned the complaint on the ground that place of residence of the complainant can be no ground to vest territorial jurisdiction in the complainant.

(3.) The revisional court below holding that both the accused and complainant are residents of Jaipur City and, therefore, the Magistrate had jurisdiction to try the accused had set aside the order of the Magistrate.