RAJIV AGGARWAL Vs. STATE

JUDGEMENT

(1.) PETITIONER being aggrieved by order dated 25.01.2011 has preferred the instant petition.

(2.) THE Respondent No. 2 has filed a complaint against the Petitioner No. 2 through Petitioner No. 1 under Section 138 Negotiable Instruments Act 1881 (herein after referred as Negotiable Instruments Act) before the court of learned Metropolitan Magistrate, Patiala House Courts, New Delhi, (herein after referred as learned trial court) alleging therein that a cheque bearing No. 315266 dated 28.01.2002 for a sum of Rs. 8,44,240.50 (Rupees Eight lacs forty four thousand two hundred forty and fifty paise only) drawn on Oriental Bank of Commerce, Thanesar District, Kurukshetra, Haryana was issued by Petitioner No. 2 under the signatures of Petitioner No. 1. The same was dishonoured due to 'insufficient funds' and despite notice, the Petitioners did not make payment within the stipulated time and thus committed an offence punishable under Section 138 of Negotiable Instruments Act.

(3.) IN so far as the territorial jurisdiction is concerned, it was stated that the cheque was presented and deposited in Hongkong and Shangai Bank, at Connaught Place Branch, New Delhi which is within the jurisdiction of Delhi Courts.