RAJNEESH SINGHAL Vs. DIG VIJAY SEEDS PVT LTD

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the petitioner praying for quashing of criminal complaint bearing No.3193/1 titled M/s. Dig Vijay Seeds Pvt. Ltd. vs. Rajneesh Singhal and the summoning order dated 06.01.2011 passed by the learned M.M. in the said complaint.

(2.) THE petitioner is seeking quashing of the complaint as well as the summoning order mainly on the ground that the Courts at Delhi lack the necessary territorial jurisdiction to try and entertain the present complaint. The second ground, on which quashing has been sought, is that the cheque in question was given as a security in terms of Memorandum of Understanding dated 27.01.2010 and after communicating to the complainant vide letter dated 06.10.2010 that the MoU has become redundant, the complainant was asked to return the cheque. However, he dishonestly presented the same with his banker which was dishonoured.

(3.) PERUSAL of the complaint dated 30.11.2010, which is annexed as Annexure P-1 to the present petition, reveals that after referring to the details of the transaction between the parties and execution of Memorandum of Understanding dated 27.01.2010, to show that the Courts at Delhi had the territorial jurisdiction, necessary averments were made in paragraph-18 of the complaint as under:-