SURJEET SINGH Vs. G E CAPITAL TRANSPORT

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Proceedings for quashing the criminal complaint filed by respondent No.1, against the petitioner, under Section 138 of the Negotiable Instruments Act. Quashing of the complaint has been sought on the ground that Delhi Court has no jurisdiction to entertain and try the complaint.

(2.) A perusal of the complaint would show that jurisdiction of Delhi Court was claimed on the ground that notice demanding payment was issued from New Delhi, the petitioner was required to make payment to the complainant/respondent No.1 at Delhi and the bank of the complainant/respondent No.1 is situated in New Delhi.

(3.) There are five essential ingredients of offence under Section 138 of the Negotiable Instruments Act, as held by the Supreme Court in the case of K.Bhaskaran Vs. Sankaran VAidhyan Balan & Another, 1999 7 SCC 510, (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.