SOM SUGANDH INDUSTRIES LTD Vs. UOI

JUDGEMENT

(1.) The petitioners in these petitions under Article 226 of the Constitution are challenging the order passed by the learned Metropolitan Magistrate taking cognizance of the complaint filed by the respondents against them under Section 138 of Negotiable Instruments Act, on the ground that Delhi Courts do not have jurisdiction to entertain and try these complaints. According to the petitioners, they are carrying business in Kundli, in District Sonepat, Haryana, cheques in question were issued in Haryana, cheques were drawn at Punjab National Bank, HSIDC Complex, Kundli (Haryana) and the notice of demand is alleged to have been sent to the petitioners in Haryana, though it was not received by them.

(2.) The respondents have contested the petition and have claimed that Delhi Court does have jurisdiction in the matter as Commissionerate, Central Excise falls under the jurisdiction of Chief Commissioner of Central Excise having office in Delhi and notice demanding the amount of the cheque was also issued from Delhi.

(3.) It is not in dispute that Som Sugandh Industries Ltd., the company which issued the cheques in question and is the primary accused in the complaint filed by the respondents, is having its office works in Village Nathupur, Kundli, District Sonepat of Haryana. This is not the case of the respondent that the company also has office, factory or other place of business in Delhi. There is no allegation to this effect in the complaint filed by the respondent.