RAMASWAMY S. IYENGAR Vs. STATE(NCT OF DELHI)

JUDGEMENT

(1.) This is a petition under Section 482 Code of Criminal Procedure seeking quashing of Criminal Complaint being CC/32/1/2007 dated 07.02.2007 under Section 138 Negotiable Instruments Act (N.I. Act) pending the court of Metropolitan Magistrate, Rohini and setting aside the order dated 25th November, 2009 by which the Petitioner and his co-accused have been summoned to appear and undergo trial.

(2.) Short issue involved in the instant case is whether or not, Delhi Courts have jurisdiction to try the complaint under Section 138 N.I. Act.

(3.) Briefly stated, facts relevant for disposal of this petition are that Respondent No. 2 A.K. Mittal filed a complaint under Section 138 N.I. Act against the Petitioner and others claiming that he is the owner of Flat No. 204, B-Wing, Mohana Building, Doordarshan Employees Cooperative Housing Society Ltd., Gokuldham, Dindoshi, Goregaon (East), Mumbai. The Petitioner and his co-accused persons, on behalf of self and the society, agreed to purchase aforesaid flat from the complainant for a sum of Rs. 31 lakhs. Against the consideration amount, two cheques; one bearing No. 826206 for Rs. 15 lakhs dated 3rd November, 2006 and other bearing No. 826209 dated 8th November, 2006 for Rs. 16 lakhs were drawn on M/s. The North Kanara G.S.B. Co-op. Bank Ltd., Branch Dindoshi, Mumbai and delivered to the complainant. The cheques, when presented for encashment, were dishonoured. Complainant served notice of demand under Section 138 N.I. Act in respect of cheque of Rs. 16 lakhs on the Petitioner and his co-accused persons but they failed to pay demanded amount. This led to the filing of the complaint.