PARAMOUNT CORP. Vs. ALPHA OVERSEAS

JUDGEMENT

(1.) THIS is a petition filed by the petitioner, M/s. Paramount Corporation under Section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C"). By way of this petition, the petitioner Paramount Corporation has challenged the order dated 27.9.2012 passed by learned Additional Sessions Judge, Patiala House courts, New Delhi whereby the revision petition filed by the petitioner against the order of Metropolitan Magistrate dated 7.6.2012 in CC No. 71/2012 titled M/s. Alpha Overseas v. M/s. Paramount Corp was dismissed. Briefly stating the facts of the present case are that respondent herein filed a complaint under Section 138/142 of the Negotiable instruments Act, 1881 (hereinafter referred to as "the Act") against the petitioner, inter alia, on the ground that respondent supplied goods vide invoice No. AA/11 -12/049 dated 3.2.12 for Rs. 8,56,800/ - and in discharge of liability the petitioner issued cheque bearing No. 515788 dated 14.2.2012 for Rs. 8,56,800/ - (Rupees eight lakhs, fifty six thousand and eight hundred), on presentation the said cheque was dishonoured with the remarks "exceed arrangement". The respondent/complainant served a legal notice dated 4.4.2012 on the petitioner. Despite service of notice, the petitioner failed to make payment of amount of the cheque.

(2.) VIDE order dated 7.6.2012, learned Metropolitan Magistrate, New Delhi summoned the petitioner for the offence under Section 138 of the Act. -

(3.) LEARNED counsel for the petitioner contends that the cheque was drawn at Mumbai and the drawee bank is situated at Mumbai, therefore, Delhi courts have no territorial jurisdiction to entertain the present complaint. In order to buttress his submission, learned counsel for the petitioner relied upon the judgments in K. Bhaskaran v. Sankaran Vaidhyan Balan : 1999 (2) JCC (SC) 552 : (1999) 7 SCC 510 and Barman Electronics Private Limited v. National Panasonic India Private Limited : (2009) 1 SCC 720.