Bombay High Court
M/S Sairana Electricals And ... vs State Of Maharashtra And Anr on 18 August, 2023
Bench: S. V. Kotwal
1 11.wp-3117-22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3117 OF 2022
[Sairana Electricals Vs. State]
Office Notes, Office Court's or Judge's orders.
Memoranda of Coram,
appearances, Court's
orders or directions and
Registrar's orders
Mr. Narayan G. Rokade, Advocate for Petitioners.
Mr. Arfan Sait, APP for the Respondent-State.
CORAM : SARANG V. KOTWAL, J.
DATE : 18th AUGUST, 2023
P.C.:
1. The Petitioners have challenged the order dated
9.12.2020 passed by the Judicial Magistrate, First Class,
Nashik in S.C.C. No.12310/2020 thereby issuing process
against the Petitioner under Section 138 of the Negotiable
Instruments Act. The Petitioners have challenged that order
before the Sessions Court. Learned Additional Sessions Judge-
5, Nashik vide his order dated 13.5.2022 dismissed Criminal
Revision Application No.121/2021. Said order is also under
challenge in this Petition.
2. The contention of the Petitioners is that the Petitioner is
residing outside the jurisdiction of the learned Magistrate at
Nashik. The Petitioner is a resident of Taluka-Niphad,
District-Nashik. Therefore, according to learned counsel for
the Petitioners, the learned Magistrate at Nashik should have
conducted the inquiry under Section 202 of Cr.P.C. which was
mandatory.
3. Learned Additional Sessions Judge referred to Section
14(2) of Cr.P.C. which mentions that except as otherwise
provided by such definition, the jurisdiction and powers of
every such Magistrate shall extend throughout the district.
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Learned counsel for the Petitioners submitted that sub-section
(2) has to be read in the context of sub-section (1) of Section
14 of Cr.P.C. Said sub-section clearly lays down the
jurisdiction of the learned Magistrate. Therefore, if both these
sub-sections are read together, it is clear that the Petitioner was
residing outside the jurisdiction of the learned Magistrate at
Nashik and, therefore, inquiry under Section 202 of Cr.P.C.
should have been conducted.
4. Learned counsel for the Petitioners relied on the
judgment of a Single Judge bench of this Court bench at
Aurangabad in the case of Kisanrao Yadavrao Gadekar Vs.
Changdeo Khanderao Phatangare and another as reported
in 2022 ALL M.R.(Cri) 2564 in which it was held that the
accused was residing in a different taluka of the same district
and yet, the inquiry under Section 202 of Cr.P.C. was held to
be necessary.
5. Considering these submissions, it is necessary to hear
the other side. Learned counsel for the Petitioners has made
out a case for grant of ad-interim relief. Hence, the following
order :
:: O R D E R ::
i. Issue notice to the Respondents, returnable on
26.10.2023.
ii. Till then, there shall be ad-interim relief in terms of
prayer clause (c) with reference to SCC
No.12310/2020 before the Judicial Magistrate, First
Class, Nashik.
iii. Stand over to 26.10.2023.
(SARANG V. KOTWAL, J.)
Deshmane (PS)
