ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.2776 OF 2008 WRIT PETITION NO.2776 OF 2008 WRIT PETITION NO.2776 OF 2008 Mr.Bosco Fernandes ...Petitioner. Vs. The State of Maharashtra & Ors. ...Respondents. Mr.P.M.Hawnur for the Petitioner. Ms.U.V.Kejariwal, APP for the State. CORAM CORAM CORAM : BILAL : BILAL : BILAL NAZKI & NAZKI & NAZKI & ANOOP ANOOP ANOOP V.MOHTA, JJ. V.MOHTA, JJ. V.MOHTA, JJ. DATED DATED DATED : 27TH JANUARY, 2009. : 27TH JANUARY, 2009. : 27TH JANUARY, 2009. P.C. P.C. P.C. A complaint has been filed under Section 138 of the Negotiable Instruments Act, 1881 (for short, "N.I.Act") against the Petitioner in a Court of Bihar by Respondent No.2. 2. This Writ Petition has been filed challenging the jursidiction of the Court in Bihar to try the complaint under Section 138-A of the N.I.Act. No relief has been claimed against Respondent Nos. 1 and 3, who are the State of Maharashtra and the State of Bihar respectively. Therefore, the Writ Petition itself is not maintainable. ( 2 ) 3. The Petitioner has submitted various Judgments of the Supreme Court to show that this Court has jurisdiction to entertain the matter which is pending even outside its teritorial jurisdiction under Article 226 (2) of the Constitution of India. We are afraid that this Court has jurisdiction to entertain the case against the State of Maharashtra or State of Bihar, as there is no cause of action either against the State of Maharashtra or State of Bihar. 4. The Writ Petition is misconceived and dismissed accordingly. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.)