4 The petitioner is the complainant in C.C.No.1351/SS/2011 which has been filed before the Metropolitan Magistrate, 21st Court, at Bandra. The respondent no.1 herein is the accused in the said case, which is in respect of the offence punishable under Section 138 of the Negotiable Instruments Act (N.I.Act). The learned Magistrate, after examining the matter issued process against the respondent no.1. Being aggrieved by the said order of process, the respondent no.1 approached the court of Sessions for Brihan Mumbai, by filing an application for revision. The Additional Sessions Judge, who heard the revision application, allowed it partly, by an order dated 6.1.2012, setting aside the order issuing process on the reasoning that the Metropolitan Magistrate’s 21st Court, Bandra, had no territorial jurisdiction to entertain the complaint and try the offence. The Additional Sessions Judge directed that the Metropolitan Magistrate should hand over the complaint to the complainant for filing it in the court of Judicial Magistrate, First Class, (JMFC) at Palghar. The petitioner being aggrieved by the said order, has approached this court invoking its constitutional jurisdiction.
