KITCHEN APPLIANCES INDIA LTD. v. THE STATE OF MAH AND ORS
WP/889/2008 · 2025-12-19
Shri Mehroz K Pathan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78340 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78340 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
{1} 903 CRWP 889.08.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 889 OF 2008. Kitchen Appliances India Ltd. Company through its Power of Attorney Holder versus The State of Maharashtra and others. .. Mr. S.V. Suryawanshi h/f. Mr.L.B. Pallod, Advocate for petitioner Mrs. P.J. Bharad, APP for respondent State.
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 12.9.2008 passed in Criminal Revision No. 35 of 2008 passed by the District Judge-2, Ahmednagar and the order dated 9.1.2008 below Exh.48 in STC No. 6303 of 2006 passed by J.M.F.C. Court No.3, Ahmednagar.
2. Mr. Suryawanshi, learned advocate holding for Mr. Pallod,
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 due course, wherein, the payee maintains an account would be 2025:BHC-AUG:37756
{2} 903 CRWP 889.08.odt determinative of the place of territorial jurisdiction.
4. In view of the foresaid judgment of the Honourable Supreme Court, in the case of Bridgestone (supra) the impugned order 12.9.2008 passed in Criminal Revision No. 35 of 2008 by the District Judge-2, Ahmednagar and the order dated 9.1.2008 below Exh.48 in STC No. 6303 of 2006 passed by J.M.F.C. Court No.3, Ahmednagar is hereby quashed and set aside. The complaint bearing STC No. 6303 of 2006 is hereby restored to the file of Judicial Magistrate First Class Court No.3, Ahmednagar. The learned Judicial Magistrate First Class, Court No.3, 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/-