1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 68 of 2010 [Jayant Ishukar Kale Vs. State of Mah. & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs. Manjusha D. Awachat, Adv., for the petitioner. Mr. T.A. Mirza, APP for respondent no.1. Mr. M. Anil Kumar, Adv., for respondent nos. 3 and 4. ----- CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 22nd November, 2010. 1. Hard. 2. Petitioner argues on the basis of judgments in cases of:- [a] Navinchandra Majithia Vs. State of Maharashtra [AIR 2000 SC 2966], and [b] Harman Electronics Pvt. Ltd. & another Vs. National Panasoni India Pvt. Ltd. [2009 (3) Mh.L.J. 792], that the cause of action to file the complaint under Section 138 of the Negotiable Instruments Act arose at Nagpur and, therefore, the complaint cannot be filed at Kolkatta. 2 3. It is not shown that the cheques were payable only at Nagpur, were deposited for collection at Nagpur, and were dishonoured at Nagpur. 4. Therefore, at this stage, it would be preempting without trial that the whole of cause of action arose at Nagpur. 5. Therefore, the petition has no merit, and is dismissed. Judge Judge |Hedau|