M/S.S.R.Sea Food International v. Vimal Khanna
IN THE HIGH COURT OF JUDICATURE AT MADRDAS
DATE: 08..11..2016
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition No.24391 of 2016 S.R.Sea Food International, A Partnership Firm, Rep. by its Managing Partner, Mr.K.V.Ramana, Regn. Office at No.10/21, 1st Main Road, Shenoy Nagar West, Chennai 600 029.
... Petitioner/Complainant -VersusVimal Khanna Sole Proprietor, M/s.Pallavi Enterprises, Rep. by its Sole Proprietor, AN Block, B-9, 1st Floor, Shalimar Bag, New Delhi 110 088.
... Respondent/Accused Prayer: This petition is filed under Section 482 Cr.P.C. praying to direct the learned Metropolitan Magistrate, Fast Track Court-II at Magesterial Level, Egmore, presently at Allikulam Court Campus, Chennai 600 002 to accept and receive the case in C.C.No.8428 of 2014 and to take the same on file for proper adjudication in accordance with law.
For Petitioner : Mr.N.R.AnanthaRama Krishnan
ORDER
For the sake of convenience, the parties in this proceeding will be referred to as complainant and accused.
2. The complainant initiated prosecution in C.C.No.8428 of 2014 before the learned V Metropolitan Magistrate, Egmore, Chennai, for offence under Section 138 of The Negotiable Instruments Act against one Vimal Khanna [accused]. The case was thereafter transferred from the file of the learned V Metropolitan Magistrate to the file of the learned Judicial Magistrate, Fast Track Court -II at Magisterial Level, Allikulam Market Complex, Chennai, on 19.11.2014. Thereafter, as per the judgement of the Hon'ble Supreme Court in Dashrath Rupsingh
Rathod v. State of Maharashtra, (2014) 9 SCC 129, the learned Judicial Magistrate, Fast Track Court-II, handed over the case bundle to the complainant for presenting the same before the jurisdictional court in Mumbai. Thereafter, the Parliament by way of amendment to The Negotiable Instruments Act, in the year 2015, brought in Section 142, thereby nullifying the judgement of the Hon'ble Supreme Court in Dashrath Rupsingh Rathod case [cited supra]. Thus, pursuant to the amendment, a prosecution is now maintainable before the learned Magistrate within whose territorial jurisdiction the bank of the complainant is situate.
3. Under such circumstances, when the complainant wanted to represent the complaint with connected records before the learned Judicial Magistrate, Fast Track Court No.II, Allikulam Market Complex, Chennai, the learned Magistrate refused to receive the same. Hence, the petitioner is before this court.
4. Heard the learned counsel for the petitioner and perused the records carefully.
5. The complainant has filed the original records and also an affidavit sworn to by the complainant. In the light of the above, the complainant is directed to re-present the original records to the learned Judicial Magistrate, Fast Track Court-II, Allikulam Market Complex, Chennai, within a period of four weeks from the date of receipt of a copy of this order and on such representation, the learned Magistrate is directed to pass appropriate Judicial Orders thereon.
6. The Registry is directed to take a photocopies of the original records and retain the same and thereafter handover the original records to the learned counsel for the petitioner under proper acknowledgement.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kmk To 1.The V Metropolitan Magistrate, Allikulam Market Complex, Chennai.
2.The Judicial Magistrate, Fast Track Court No.II, Allikulam Market Complex, Chennai.
+1 cc to Mr.N.R.Anantha Rama Krishnan vide sr 64041 Crl.O.P.No.24391 of 2016 ssl(co) aa07/12/2016