1 APPLN 5122.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 5122 OF 2011 Mr. Manish Madanlalji Joshi & Ors. ... Applicants. V/s. Mr. Vasantlal Kanhailal Joshi & Anr. ... Respondents. Mr. Sandeep Dere i/b. Mr. Vinod Joshi for the Applicants. Mr. Prashant G. Karande for Respondents 1 and 2. Mr. S.A. Shaikh, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 16th AUGUST 2011. P.C. :- Heard both the learned Counsel extensively. 2. The proceedings initiated at Pune by the Complainant is question. The Petitioner herein submits that the property for which the cheques were issued is situate at Khamgaon. The Petitioner and Original Complainant are resident of Khamgaon. The earlier two cheques were presented at Khamgaon. However, subsequent two cheques are presented from Pune and the complaint is illegally filed at Pune which should have been at Khamgaon. 3. The address mentioned in the complaint is that of Pune. It is not in dispute that the cheques were presented in the 2 APPLN 5122.09.sxw bank at Pune. The statutory notice issued to the Petitioners demanding the amount was from Pune. The requisitions were to be complied at Pune. Consequently, the cause of action primarily indicated in the notice itself was at Pune. Temporary shifting of the original complainant to any other place either from Khamgaon to M.P. or Pune will not be a question to be entertained at this stage. 4. The learned Counsel for the Complainant has rightly informed that the Complainant is old and stays with his daughter. It cannot be said at this stage that the forum hunting is made by the Complainant. Additionally, it is informed that the matter has reached stage of evidence and the Complainant has been cross-examined. 5. In the set of above facts and in the light of the settled position of law as reported in the matter of (i) K. Bhaskaran V/s. Sankaran Vaidhyan Balan (1999) 7 SCC 510, (ii) Harman Electronics (P) Ltd. V/s. National Panasonic India Ltd. 2009 (1) All MR 479 and the Division Bench order in the matter of Preetha S. Babu V/s. Voltas Ltd. Cochin & Anr. reported in 2010 Cri. L.J. 2709, there is no error in the Complainant filing the complaint at Pune. This Court has not travelled to the disputed questions between the Complainant and the Petitioner. The Petition lacks merit. Dismissed. (K.U. CHANDIWAL,J.) 3 APPLN 5122.09.sxw