[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.2021 OF 2008 Superklean Environment Engineers Pvt.Ltd. and Ors. ..Petitioners Vs. Bhamasha Textile Mills Pvt.Ltd. and Anr. ..Respondents ... Mr.N.K.Thakore Adv. i/b Mr.Prakash Naik advocate for Ptitioners Mr.S.M.Arora on behalf of Respondent no.1-complainant in person Mr.A.S.Shitole, A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 15, 2008 DATE : OCTOBER 15, 2008 DATE : OCTOBER 15, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioners-original accused nos.1 to 4 and the respondent-original complainant who is present in person. 2. The complaint under Section 138 of Negotiable Instruments Act, came to be filed in the Court at Palghar. The said case is numbered as Complaint No. 352 of 2007. In the said case, process came to be issued under Section 138 of Negotiable Instruments Act. 3. The learned advocate for the petitioners [-2-] submitted that the cheque was drawn on Saraswat Co-Operative Bank Ltd. Juhu Branch. It was deposited in Bank of India at Andheri (W) Branch. The said cheque was dishonoured. Notice was addressed to the petitioners who are residing in Mumbai. It was submitted that as the entire cause of action arose in Mumbai more specifically in Andheri, Mumbai, Court at Palghar did not have the jurisdiction to entertain the complaint and the learned Magistrate ought to have returned the complaint to the complainant for being filed before the Court having jurisdiction. 4. The complainant has stated that he has no objection to the case being transferred to the learned Metropolitan Magistrate, 44th Court, Andheri, Mumbai. In view of the statement of the complainant and the fact that the main cause of action has arisen in Andheri, Mumbai, the case is transferred from the Court of Chief Judicial Magistrate at Palghar to the Court of learned Metropolitan Magistrate, 44th Court, Andheri, Mumbai for trial. Trial expedited. 5. Petition is allowed in the above terms. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]