SNEH DHAWAN Vs. STATE

JUDGEMENT

(1.) Complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by the respondent no. 2 against the petitioner is pending trial before the Trial Court.

(2.) Petitioner has challenged the jurisdiction of Delhi courts to entertain and try the complaint. The question which needs to be redressed in this petition is 'whether Delhi courts have territorial jurisdiction to try the complaint'?

(3.) A perusal of complaint makes it clear that the parties are residing in NOIDA, U.P.; transactions between them took place at NOIDA; cheque was issued in NOIDA; cheque is drawn on a bank in NOIDA; respondent deposited the cheque for encashment, with its banker, that is, HDFC K/14- 18, Sector 18, NOIDA; cheque was returned unpaid with the return Memo at NOIDA. Only notice was got issued through a lawyer based in Delhi. Para 14 of the Complaint reads as under :-