vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2063 OF 2007 WRIT PETITION NO.2063 OF 2007 WRIT PETITION NO.2063 OF 2007 Suresh Jaiswal ... Petitioner V/s. Prakash Agarwal & Anr. ... Respondents Mr.S.R. Pathak for Petitioner Mr.Sandesh Patil for Respondent No.1 Ms.A.A. Mane, APP, for Resp. State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JUNE 17, 2008 JUNE 17, 2008 JUNE 17, 2008 P.C.: P.C.: P.C.: . The petition challenges the orders passed by the JMFC, Thane as well as the order passed by the Sessions Court, Thane wherein both the Courts below have held that the territorial jurisdiction for entertaining the complaint is with the JMFC. It is sought to be argued that the cheques were issued in Mulund, they were drawn on a bank in Mulund, the cheques were dishonoured by the bank in Mulund and, therefore, there was non payment of the cheques in Mulund. In the case of K.Bhaskaran v/s. Sankaran Vidhyan Balan & Anr., (1999) 7 SCC 510, the Supreme Court has observed that an offence under section 138 of the Negotiable Instruments Act is completed only when the following acts are completed: 14. ... (1) drawing of the cheque, (2) : 2 : presentation of the cheque to the bank, (3) returning the cheque unpaid by the drawee bank, (4) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount, (5) failure of the drawer to make payment within 15 days of the receipt of the notice." 2. The Supreme Court has observed that it is not necessary that all the aforesaid acts should have been perpetrated in the same localities and it could be possible that they were committed in five different localities. Any one of the Courts exercising jurisdictions in one of the five localities could be a place of trial for the offence under section 138 of the Act. In the present case, there is a failure to make payment in Thane after the demand notice was served and hence, the Court in Thane has jurisdiction. There is a concurrent finding of facts which need not be interfered with. 3. Petition is therefore dismissed.