10 In fact, in the instant case, the accused is resident of Akola, Taluka Jafrabad and the complainant is also resident of village Tembhurni, Taluka Jafrabad and the cheque in question was drawn on Bank of Maharashtra, Tembhurni Branch, as well as the said cheque was presented for encashment in Bank of Maharashtra, Tembhurni Branch, Taluka Jafrabad, and therefore, in fact, learned Judicial Magistrate, First Class, Jafrabad had jurisdiction to entertain and try the said complaint, but the said complaint came to be lodged before the Chief Judicial Magistrate, Jalna, and therefore, learned trial Court rightly held that it had no jurisdiction. However, when the learned trial Judge came to the conclusion that it had no jurisdiction to entertain and try the said complaint, in fact, the learned trial Judge ought to have returned the said complaint for it’s presentation before proper forum for trial in accordance with law, in stead of acquitting the accused for the offence under Section 138 of the Negotiable Instruments Act, 1881, and therefore, the said finding of the trial Court is erroneous and unsustainable, and therefore, same deserves to be quashed and set aside.
