RAMA MUKHERJEE Vs. ESCORTS LTD.

JUDGEMENT

(1.) By this petition the Petitioner seeks quashing of the complaint No. 1459/2006 pending before the Learned Metropolitan Magistrate filed by the Respondent for offence under Section 138 Negotiable Instruments Act (in short NI Act?).

(2.) Learned counsel for the Petitioner contends that the Learned Metropolitan Magistrate, Karkardooma Court at Delhi has no jurisdiction to try the present complaint as no part of cause of action has taken place at Delhi. The business transaction between the parties was entered into at Kolkata where the Respondent/Complainant has its office. In the course of business transaction the Petitioner by letter dated 4 th August, 1998 issued 5 undated blank account payee cheques bearing Nos. 352300, 352801, 352302, 352803 and 352804 drawn on the Oriental Bank of Commerce, Salt Lake Branch, Kolkata payable at Kolkata in favour of the Respondent. One of the cheque being cheque No. 352800 for Rs.3,00,000/- was encashed. The Petitioner replaced the other four cheques by cheque Nos. 561894, 561895, 561898 and 561899 due to expiry of their validity vide letter dated 23 rd April, 1999 and requested the Respondent to return the said four cheques. However, despite number of communications the Respondent failed to return the same. Further the Petitioner also intimated the Respondent about the closure of the account. Even then the Respondent with mala-fide intention presented cheque No. 352803 for Rs.15,00,000/- for encashment on 3 rd May, 2004 after six years of its issuance and closure of the account of the Petitioner and thus the same got dishonoured resulting in filing of the abovementioned complaint.

(3.) The grievance of the Petitioner is that the Respondent is dragging the Petitioner into litigation in different parts of the country and has filed another complaint in the Court of First Munsif Judicial Magistrate, Sri Nagar in respect of another cheque bearing No. 352801. It is contended that there is no averment in the complaint relating to the accrual of the cause of action at Delhi and thus the order of the learned Metropolitan Magistrate dated 26 th June, 2004 taking cognizance of offence and issuing summons to the Petitioner be set aside due to lack of jurisdiction.