THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.11106 of 2009, 6780 of 2010 and 6790 of 2010 DATED 24th JANUARY, 2011. BETWEEN : Umesh Singh Ranjit & others .. Petitioners-accused and The State of A.P. & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.11106 of 2009, 6780 of 2010 and 6790 of 2010 COMMON ORDER: Since the issue involved in all these matters is one and same, all the three petitions are disposed of by this common order. All these criminal petitions are filed with a prayer to set aside the cognizance taken by the learned Magistrate on the ground that the said Court lacks jurisdiction to take cognizance of the offence. Heard. Learned counsel for the petitioners submits that either the drawee bank or the drawer bank is situated in that area and further the complainant also is not a resident of that area. The entire transaction took place within the jurisdiction of Vizianagaram whereas the complaint is filed and cognizance is taken by the learned Magistrate of Visakhapatnam. Thus, he prayed to set aside the cognisance. Learned counsel for the respondent submits that for an offence under Section 138 of Negotiable Instruments Act, the complainant can file the complaint at the place of his residence. Admittedly, it is not the case of the complainant that he is a resident of Visakhapatnam. Learned counsel for the respondent submits that even though the trial Court has no territorial jurisdiction, the cognizance need not be set aside and the complaints can be transferred to the Court, which has territorial jurisdiction. Learned counsel for the petitioner also accepts for the same. Hence, C.C.Nos.879 of 2009, 878 of 2009 and 974 of 2009 pending on the file of the Special Judicial First Class Magistrate (Prohibition & Excise), Visakhapatnam, are hereby withdrawn and transferred to the Court of the Junior Civil Judge, Vizianagaram. At this stage, the learned counsel for the petitioners further submits that during the pendency of these criminal petitions, non- bailable warrants are issued against the petitioners by the learned Magistrate. In view of the fact that the criminal cases are now transferred to another Court at Vizianagaram, all the petitioners are directed to appear before the trial Court and file individual applications seeking to recall the non-bailable warrants, upon which, the learned Magistrate shall recall the non-bailable warrants of the petitioners. With above observation, all the criminal petitions are disposed of. Miscellaneous petitions filed in this Criminal Petitions, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 24.01.2011 Note : Issue C.C. in one week B/o. sur