M/S. KIRBY BUILDING SYSTEM INDIA LIMITED Vs. M/S. R.V. FABRICATOR

JUDGEMENT

(1.) Aggrieved by the order dated 04.07.2013 in C.C.No.195 of 2011 passed by the XIII Special Magistrate, Hyderabad, this revision is filed by the petitioner/complainant.

(2.) The complainant of a dishonour cheque filed a complaint against two accused/respondents 1 and 2 herein, for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the Act') and taken cognizance originally before the learned III Additional Metropolitan Magistrate, Nampally, Hyderabad, by allotting C.C.No.1560 of 2009 and on transfer, renumbered before the learned XIII Special Magistrate, Hyderabad, as C.C.No.195 of 2011. It was while pending, the same was returned by detailed order dated 04.07.2013, which is now impugned and the same is after completion of trial and in the course of hearing arguments saying either the Court, which entertained the private complaint by taking cognizance and the Court, which deals with on transfer have no jurisdiction, for the place, where the complainant presented the cheque that was returned dishonoured does not constitute part of cause of action to confer jurisdiction. It is the same now subject matter of the revision.

(3.) The respondents 1 and 2/A1 and A2 to the said private complaint case, of whom, notice by personal service ordered by this Court, that of respondent No.2 returned as left unclaimed and respondent No.1 has intimated and as step-in-aid to it, even substitute service ordered by this Court in Crl.MP.No.4792 of 2016 dated 14.12.2016 and the same is published and proof filed in U.S.R.No.8611 of 2016, the respondents 1 and 2/A1 and A2 did not turn up. Hence taken as heard.