SUNIL KUMAR Vs. P.R. AMARNATH SINGH

JUDGEMENT

(1.) This revision petition has been filed by the petitionercomplainant under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973('Cr.P.C.') against the order dated 07.08.2010 passed by the Metropolitan Magistrate directing return of the complaint filed by the petitioner-complainant under Section 138 of the Negotiable Instruments Act, 1881 against the respondent on the ground that Delhi courts have no territorial jurisdiction to entertain that complaint.

(2.) The petitioner-complainant had filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 and when the same was taken up for preliminary consideration for the first time on 29.07.2010 the learned Magistrate called upon the counsel for the petitioner-complainant to argue on the point of territorial jurisdiction of the Courts in Delhi and then the matter was adjourned on the request of the counsel and finally the impugned order came to be passed. Feeling aggrieved by that order this revision petition was filed by the petitioner-complainant.

(3.) The learned counsel appearing on behalf of the petitioner submitted that the question of territorial jurisdiction was not to be examined at the pre-cognizance stage. The learned counsel appearing on behalf of the respondent, who was given notice of this petition, supported the impugned order.