M/S SHRI KRISHNA T V AND AUDIO CENTRE v. AKAI CONSUMER ELECTROCS INDIA LTD.
WP/126/2009 · 2025-12-19
Shri Mehroz K Pathan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78289 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78289 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
{1} 903 CRWP 126.09.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 126 OF 2009. M/s. Shri Krishna TV & Audio Centre versus Akai Consumer Electronics India Ltd. .. Mr. J.S. Jain, Advocate h/f. Mr. Ashutosh Sisodiya, Advocate for petitioner Mr. S.V. Suryawanshi, Advocate h/f. Mr. L.B. Pallod
CORAM : MEHROZ K. PATHAN, J.
DATE : 19TH DECEMBER, 2025.
P.C. :-
1. The present writ petition is filed by the petitioner, thereby challenging the order dated 4.12.2008 passed on Application below Exh.34 in S.T.C. No. 7136 of 2006 with direction that the STC No. 7136 of 2006 pending in the Court of J.M.F.C. Court No.2, at Ahmednagar may be transferred to competent court at Sanpada, Navi Mumbai.
2. Mr. Jain, learned advocate holding for Mr. Ashotosh Sisodiya,
learned counsel for petitioner submits that the issue involved in the present application is already settled by way of judgment passed by the Honourable Supreme Court in the case of Bridgestone India Pvt. Ltd. vs. Inderpal Singh reported in AIR 2015 SCW 6556.
3. In view of the judgment of the Honourable Supreme Court, the issue is finally settled in the case of Bridgestone (supra), interpreting the amended provision of Section 142-A as inserted by 2015 amendment to the Negotiable Instruments Act, 1881, wherein, it is now laid down that the complaint would be maintainable at the place where the cheque is delivered for collection i.e. branch of the bank of payee or holder in 2025:BHC-AUG:37758
{2} 903 CRWP 126.09.odt due course, wherein, the payee maintains an account would be determinative of the place of territorial jurisdiction.
5. In view of the foresaid judgment of the Honourable Supreme Court in Bridgestone India (Supra) the impugned order order dated 4.12.2008 passed on Application below Exh.34 in S.T.C. No. 7136 of 2006 is just and proper. Apart from the only ground that the complaint is not maintainable at Ahmednagar, there is no other ground which is made out calling interference of this Court in the impugned order. The petition is, therefore, devoid of substance and merit and is thus dismissed. The learned Judicial Magistrate First Class, Court No.2, Ahmednagar is requested to make an endeavour to decide the complaint within a period of six months from the date of receipt of this order. The writ petition stands disposed of accordingly in aforesaid terms.
[MEHROZ K. PATHAN]
JUDGE. grt/-