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High Court for State of TelanganaCRLRC/3161/2015dismissed

Mikkilineni Srikanth, v. M.L.V.S.Kutumba Rao,

2015-12-17Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3161 of 2015 ORDER:

1. This Criminal Revision Case is filed by the petitioner-accused aggrieved over the order dated 29.7.2015 passed by the VII Special Magistrate, Hyderabad in C.C.No.468 of 2014.

2. The learned Magistrate placing reliance on the Negotiable Instruments (Amendment) Ordinance No.6 of 2015, dated 15.6.2015, directed the office to transmit the case record in the above C.C. to the Court of Judicial First Class Magistrate, Gudivada, Krishna District, on the ground that the cheque in the instant case was presented by the complainant in payee's bank i.e., City Union Bank, Gudivada Branch, Krishna District, which is within the jurisdiction of the Court of the Judicial First Class Magistrate, Gudivada, Krishna District. Aggrieved by the same, the petitioner-accused filed this revision.

3. Heard and perused the material available on record.

4. In the order under revision, it is observed by the Court below that in the light of the amendments to Section 142 of the Negotiable Instruments Act vide Ordinance No.6 of 2015, the Court of Judicial First Class Magistrate, Gudivada, Krishna District has jurisdiction to try the above C.C. as the payee's bank is situated at Gudavida. In light of the amended provisions of the Act, this Court of the view that the order of the Court below does not suffer from any illegality warranting interference by this Court and hence, the revision is liable to be dismissed.

5. Accordingly, the Criminal Revision Case is dismissed. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_____________________ JUSTICE RAJA ELANGO Dated: 17th December, 2015 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3161 of 2015 17.12.2015 Nn