1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2098 OF 2009 Mrs. Sunita Golecha w/o Shri Ashok Golecha .Petitioner Versus M/s. Motilal Oswal Securities Limited & Anr. ..Respondents Mr. B.C.Parikh, a/w Ms. Poonam Utekar & Ms. Anjali R.Waghmare, Advocates, for the petitioner. Mr. R.R.Varma, i/b. mr.A.M.Saraoji,Advocates, for respondent No.1. Smt. A.A.mane, APP, for the respondent N.2 - State. CORAM: J.H.BHATIA, J. DATE : 21st June, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. Facts disclosed in the complaint and the affidavit of Mr. Madan Mohan Lohiya, Branch Manager of the complainant/respondent - M/s. Motilal Oswal Securities Ltd. make it clear that all the transactions had taken place at Jodhpur. The agreement had taken place at Jodhpur Office of the complainant. The cheque was issued at Jodhpur against the Bank at Jodhpur,it was presented to that Bank and was dishonoured at Jodhpur only. The notice demanding amount 2 was issued from Mumbai where the head office of the complainant is situated. The complainant had a regular branch at Jodhpur where the transaction had taken place. The case is squarely covered by M/s. Harman Electronics (P) Ltd. & Anr. vs. M/s. National Panasonic India Ltd. 2009 ALL MR (Cri) 280 (S.C.) and therefore the Metropolitan Magistrate, Mumbai, has no jurisdiction to entertain the complaint. The complaint should have been filed before an appropriate Court at Jodhpur. 3. In view of the facts and the legal position laid down in M/s. Harman Electronics, with consent of the learned Counsel for the parties, the Petition is allowed. The impugned order is set aside. The Metropolitan Magistrate, 23rd Court at Esplanade, Mumbai, shall return the complaint in C.C. No. 420/SS/20/2006 to the complainant for presentation before the appropriate Court as per law. 4. Parties to act on an authenticated copy of this Order. (J.H.BHATIA,J.)