UMASANKAR TRIPATHY Vs. INTEX TECHNOLOGIES (INDIA) LTD.

JUDGEMENT

(1.) At the outset, without adverting to the facts of the case, it is admitted proposition between the parties that pursuant to the dishonour of the cheque in question, respondent got issued the legal demand notice under Sec. 138 Negotiable Instrument Act, 1881, from Delhi.

(2.) Vide a judgment rendered by this Court on 09.09.2011 in Criminal Revision Petition No. 170/2010 titled 'GE Capital Transportation Financial Services Ltd. v/s. Rahisuddin Khan,' jurisdiction aspect has been settled keeping the case of K. Bhaskaran v/s. S.B. Balan : AIR 1999 SC 3762, into view, whereby five ingredients were decided for offences U/s 138 NI Act as under: -

(3.) It is pertinent to mention here that the aforesaid judgment passed by this Court, has been subjected to challenge in Special Leave Petition (C) No. 29044/2011 'Vinay Kumar Shailendra v/s. Delhi High Court Legal Services Committee & Anr.' and the Apex Court vide order dated 03.11.2009, while referring the matter to a larger bench, had directed 'Status quo, as on today, shall be maintained until further orders'.