PRAMOD AGARWAL Vs. LUMINIOUS POWER TECHNOLOGIES P. LTD.

JUDGEMENT

(1.) This is a petition filed on behalf of the petitioner under Sec. 482 of the Code of Criminal Procedure, 1973 (for short hereinafter referred to as 'Cr. P. C.') against the impugned order dated 19.5.2011 passed by learned Additional Chief Metropolitan Magistrate, New Delhi whereby the petitioner has been summoned for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as 'the Act') in Complaint Case No. 3410/1/11 titled M/s. Luminous Power Technologies (P) Ltd. Vs. Mr. Pramod Aggawal .

(2.) In nutshell the facts of the case are that respondent herein filed a complaint under Sec. 138 of the Act on the grounds, inter alia, that the petitioner issued cheque bearing No. 000176 dated 10.3.2011 drawn on Kotak Mahindra Bank Ltd., 2, Sardar Patel Marg, Civil Lines, Allahabad for Rs. 39,52,601.61 (Rs. Thirty nine lakhs fifty two thousand six hundred one and sixty one paise) towards discharge of liability on account of goods supplied by the respondent. On presentation, said cheque was dishonoured vide memo dated 11.3.2011. The respondent served notice dated 31.3.2011 and despite service of notice the petitioner failed to make the payment of amount of the said cheque.

(3.) Learned counsel for the petitioner submits that Delhi courts have no territorial jurisdiction to entertain and try the present complaint as no cause of action arose at Delhi. According to him presentation of the cheque at Delhi or issuance of the notice of demand from New Delhi would not create the territorial jurisdiction of the courts at Delhi.