rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2039 OF 2007 WRIT PETITION NO. 2039 OF 2007 WRIT PETITION NO. 2039 OF 2007 Turbo Consultancy Service Pvt.Ltd. ..Petitioners V/s. Reliance Electronics & Anr. ..Respondents Smita Gaidhani for the Petitioner. Mr.Y.M.Nakhawa, A.P.P.-State. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. CORAM : A.P.DESHPANDE, J. DATE : 10TH MARCH, 2008. DATE : 10TH MARCH, 2008. DATE : 10TH MARCH, 2008. P.C.:- P.C.:- P.C.:- . The Petitioners are accused in a Complaint filed by the Respondent under section 138 of Negotiable Instruments Act. The Petitioners had placed an order with the Respondent for supply of goods and on supply of goods, the Petitioners issued a cheque. The cheque was presented for encashment, however, the same came to be dishonoured and hence, complaint was filed. Aggrieved by the issuing of process, the Petitioners filed Revision before the Sessions Judge and raised two fold objections. The first objection was to the effect that by a communication dated 7th December, 2004, the Petitioner had intimated the Complainant not to present cheque for realisation as there was an agreement that 2 if the accused is not satisfied with the quality of the material or if material is found to be defective, then, the Complainant shall not present the cheque for encashment. The plea raised vide communication dated 7th December, 2004 cannot be considered at this stage and will have to be raised during trial. The second ground is about lack of territorial jurisdiction of the Court at Nashik where the complaint has been filed. In the present case the Petitioners have placed an order for supply of goods with the Complainant at Nashik and goods were supplied from its Nashik office. Thus, the contract was entered into at Nashik. The Revisional Court has found that the Complainant is permanent resident of Nashik and the intimation of the dishonour of cheque was given to the Complainant by I.C.I.C.I.Bank, Nashik Road Branch. As the Revisional Court found that part of cause of action has accrued within the jurisdiction at Nashik Road Court, it has rejected the objection raised by the Petitioner. 3. Perused the impugned order. The same does not call for any interference. Hence Writ Petition is summarily rejected. (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.) (A.P.DESHPANDE,J.)