LAXMI VISHNU TEXTILES Vs. INDIABULLS CREDIT SERVISES LTD

JUDGEMENT

(1.) This is a petition seeking quashing of the criminal complaint filed against the petitioner under Section 138 of Negotiable Instruments Act. Quashing has been sought primarily on the ground that Delhi Court does not have jurisdiction to entertain and try the complaint.

(2.) There are five essential ingredients of offence under Section 138 of the Negotiable Instruments Act: (i) drawing of the cheque, (ii) presentation of the cheque to the bank of the payee, (iii) return of the cheque unpaid by the drawee bank, (iv) giving of notice to the drawer of the cheque demanding payment of the cheque amount and (v) failure of the drawer to make payment within 15 days of the receipt of the notice.

(3.) This is not the case of the complainant that cheque in question was issued and delivered to it in Delhi. There is no such allegation to this effect in the complaint and during the course of arguments also no such stand was taken by the learned counsel for the complainant. It is an admitted case that the petitioner is a resident of Mumbai and does not have either a residence or a place of work in Delhi. It is an admitted case that cheque in question was drawn on a bank in Mumbai and was dishonoured by that bank at Mumbai. It is also an admitted position that the notice of demand though issued from Delhi was sent to the petitioner at Mumbai. This is nowhere the case of the complainant that the notice of demand was served upon the petitioner in Delhi.