CEPHEM MILK SPECIALTIES Vs. NUTRI CHEM

JUDGEMENT

(1.) The petitioner has challenged the order dated 24th October, 2009 passed by the learned Metropolitan Magistrate whereby the petitioner's complaint under Section 138 of the Negotiable Instruments Act has been dismissed on the ground of lack of territorial jurisdiction.

(2.) The respondent issued cheque bearing no.207634 dated 2nd April, 2009 for Rs.14,00,550/-drawn on Cosmos Co-operative Bank Ltd., Pune, S.P. Road Branch, Secunderabad to the petitioner which were dishonoured upon presentation upon being deposited by the petitioner with HDFC Bank, Connaught Circus, New Delhi whereupon the petitioner issued a notice of dishonour dated 23rd May, 2009 and upon failure of the respondents to comply with the notice, a criminal complaint under Section 138 of N.I.Act was filed before the Additional Chief Metropolitan Magistrate, Patiala House Courts, New Delhi.

(3.) Vide order dated 24th October, 2009, the learned Metropolitan Magistrate held that the deposit of the cheques by the petitioner at Delhi would not confer jurisdiction on Delhi Courts since the cheque was drawn on Bank outside Delhi (at Sikandrabad, Andhra Pradesh). The learned Metropolitan Magistrate relied upon various judgments more particularly Harman Electronics Pvt. Ltd. v. National Panasonic India Pvt. Ltd., 2009 1 SCC 720.