2020 (10) TMI 904

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....SHAWARDHAN M. PATIL, ADVOCATES FOR THE RESPONDENT : SRI. VIVEK MEHTA FOR SRI.MADANMOHAN M. KHANNUR, ADVOCATE ORDER The present petitioners are accused Nos. 1 and 2 in C.C.No.509/2013 said to be pending in the Court of the learned II Addl. JMFC, Ranebennur (hereinafter referred to as 'the trial Court', for brevity), which was filed by the present respondent for the offence punishab....

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....on of his original complaint, which the trial Court has allowed, that too without causing any notice upon the accused therein (petitioners herein). 4. Learned counsel for the respondent submits that, by virtue of the judgment of the Hon'ble Apex Court in the case of Dashrath Rupsingh Rathod Vs. State of Maharashtra and Anr reported in (2014) 9 SCC 129, the trial Court returned the complaint....

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....esent petitioners in the trial Court for the offence under Section 138 of the NI Act. It is also not in dispute that the said trial Court observing that, by virtue of Dashrath Rupsing's case (supra), it has no jurisdiction and the competent Court would be at the place where the accused and drawee bank are located. Accordingly, the complaint was returned. 6. Though the learned counsel for th....

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....us it is clear that, subsequent to return of the complaint by the trial Court, the complainant had filed the said complaint before the appropriate jurisdictional Court. However, by virtue of the amendment to Section 142 of the NI Act, which is with effect from 15.06.2015, once again the complainant has approached the original trial Court. No doubt he has made an application under Section 142 of th....