PAWAN CHAWLA Vs. STATE

JUDGEMENT

(1.) The petitioner has challenged the jurisdiction of the learned Trial Court to entertain and try the complaint under Section 138 of the Negotiable Instruments Act, 1881 relating to cheque no.000131 dated 3rd August, 2007 drawn on Kotak Mahindra Bank, Noida which was dishonoured upon presentation by respondent no.2 at Kotak Mahindra Bank, Gurgaon.

(2.) The complaint under Section 138 of the Negotiable Instruments Act was instituted by respondent no.2 on 4th October, 2007 and vide order dated 5th October, 2007, the learned Metropolitan Magistrate issued summons to the petitioner, returnable on 3rd March, 2008.

(3.) The petitioner challenged the summoning order dated 5th October, 2007 in revision bearing No.105/2011. However, the same was withdrawn on 29th July, 2011 with liberty to approach the Trial Court. The petitioner thereafter filed an application before the Trial Court which was dismissed vide order dated 2nd August, 2011.