ICICI BANK LTD. Vs. CHANDRA PROTECO LTD.

JUDGEMENT

(1.) THE petitioner has challenged the order dated 3rd November, 2009 whereby its complaint under Section 138 of the Negotiable Instruments Act, 1881 has been returned by the learned Metropolitan Magistrate for lack of territorial jurisdiction. The respondents issued four cheques bearing nos. 540162 dated 25th July, 2008 for Rs. 14,00,000/ -, 540159 dated 25th July, 2008 for Rs. 20,00,000/ -, 540160 dated 25th July, 2008 for Rs. 20,00,000/ - and 540163 dated 25th July, 2008 for Rs. 6,67,740/ - all drawn on Bank of Rajasthan Ltd., Silvassa to the petitioner which were dishonoured upon presentation upon being presented at Bank of Rajasthan Ltd., Service Branch, 82, Janpath, New Delhi.

(2.) ON the last date of hearing i.e. 14th March, 2014, learned counsel for the respondents had disputed that the cheques in question were presented at Delhi because it was not pleaded in the complaint that the four cheques in question were presented by the petitioner at Delhi to which learned counsel for the petitioner submitted that the original dishonor memos issued by the Bank of Rajasthan, Service Branch, 82 Janpath, New Delhi are on record. In order to ascertain the place of deposit of four cheques in question, this Court vide order dated 14th March, 2014 directed respondents no. 2 and 3 to remain present in Court along with all original records relating to this case.

(3.) SINCE the respondents have now admitted the deposit of cheques by the petitioner at Delhi, only point to be considered is whether the deposit of the four cheques in question would confer territorial jurisdiction on the Courts at Delhi to entertain and try the complaint under Section 138 of the Negotiable Instruments Act.