MAHALAXMI EMBROIDERY Vs. SHIVAM DEVANSH FAB PVT LTD

JUDGEMENT

(1.) By way of present petition under Section 482 of Code of Criminal Procedure, petitioner has prayed that the order dated 28th July, 2010 passed by Metropolitan Magistrate, Delhi, whereby it has been held that the courts at Delhi had no territorial jurisdiction to entertain the complaint, be set aside.

(2.) Briefly stated, facts of the case are that the petitioner had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as "the Act") before Metropolitan Magistrate, Delhi. It was alleged therein that the complainant (petitioner) was a proprietorship firm, having its registered office at Delhi and works at Faridabad, Haryana. Petitioner was engaged in the embroidery business. Respondent got various jobs of embroidery done from the petitioner at Faridabad, Haryana from time to time. In discharge of its liability, respondent tendered cheque bearing No. 465488 dated 23rd April, 2010 amounting to Rs. 45,551/- drawn on Indian Overseas Bank, Faridabad, Haryana. The said cheque was deposited by the petitioner with its banker, i.e., Syndicate Bank, Khan Market, New Delhi on 24th April, 2010 for encashment. However, cheque was returned dishonoured with the remarks "payment stopped". Demand notice dated 21st May, 2010 was served upon the respondent through registered AD post thereby calling upon it to pay the cheque amount within 15 days. Despite service of demand notice, cheque amount was not paid.

(3.) From the facts narrated above, it is abundantly clear that the business dealings took place between the parties at Faridabad; cheque had been drawn at Faridabad. Perusal of notice dated 21st May, 2010 shows that same had been sent to the respondent at its Faridabad address. Drawer s bank is also situated at Faridabad.