Guj. Minor vs Hajani Ali

Guj. Minorities Finance Dev. Corp. Ltd. Gandhina Vs Hajani Ali Ismailbhai

Case Details

Case Type	CC
Filing Number	1270/2011
Registration Number	1270/2011
Filing Date	04-02-2011
Registration Date	04-02-2011

First Hearing Date	05th August 2011
Decision Date	22nd May 2015
Case Status	Case Disposed
Court Number and Judge	23-2Nd Addl. Sr. Civil Judge & A.C.J.M.;
Nature of Disposal	Uncontested--Plaint Returned;

Petitioners & Respondents

Petitioner

Guj. Minorities Finance Dev. Corp. Ltd. Gandhina, ;

;

Respondent Name

Hajani Ali Ismailbhai;

Order Details

Order not found.

Final Order Judgement

Order Date

22-05-2015

It is not possible, nor is it desirable, to include all the accounts of the Association’s manifold activities, he have carefully all the events working of mention so as to enable our members to know broadly what the Association is doing for its members a Criminal Case No.1270/2011 ORDER BELOW EXH.1 1. Heard. The complainant has filed the present complaint U/s.138 of the Negotiable Instrument Act, 1881 as the cheque issued by the accused in favour of the complainant was dishonoured. The accused had issued the cheque of his account with the Bank outside the jurisdiction of this Court. The present case has not reached to the stage of section-145(2) of the Negotiable Instrument Act. 2. In furtherance, looking to the nature of complaint and the offence punishable under the Act, this Court is squarely followed the precedents of the Hon’ble Apex Court in the case of Dashrath Rupsingh Rathod V/s. State of Maharashtra & Anr. (arising out of Criminal Appeal No.2287 of 2009) Wherein the Hon’ble larger Bench of the Apex Court has very exhaustively discussed the aspect of territorial jurisdiction concerning criminal complaints filed under chapter XVII of the Negotiable Instrument Act,1881. 3. Considering the ratio laid down by the Hon’ble Supreme Court and the fact of the present case, this Court does not have jurisdiction to try the present case. Hence the present complaint is required to be returned back to the complainant as per the direction by the Hon’ble Supreme Court for presenting the same before the proper Court. Hence in the interest of justice, I pass the following order. ORDER 1. The present complaint is hereby ordered to be returned back to the complainant for presenting the same before the Court having jurisdiction within 30 days from returning of the complaint. Signed and pronounced in the open Court on this 22nd day of May, 2015. Date : 22.05.2015 ( Sarthak K. Vyas) Gandhinagar GJ00828 5th Addl.Chief Judicial Magistrate Gandhinagar

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Frequently Asked Questions

The Petitioner in case Guj. Minorities Finance Dev. Corp. Ltd. Gandhina vs Hajani Ali Ismailbhai is Guj. Minorities Finance Dev. Corp. Ltd. Gandhina.

The Respondent in case Guj. Minorities Finance Dev. Corp. Ltd. Gandhina vs Hajani Ali Ismailbhai is Hajani Ali Ismailbhai.

The case against Hajani Ali Ismailbhaiwas filed on 04-02-2011 by Guj. Minorities Finance Dev. Corp. Ltd. Gandhina.

The status of case Guj. Minorities Finance Dev. Corp. Ltd. Gandhina against Hajani Ali Ismailbhai is Case Disposed.