ARUN INTERNATIONAL Vs. STATE OF DELHI

JUDGEMENT

(1.) THE abovementioned three petitions have been filed by the petitioners under Section 482 of the Code of Criminal procedure seeking relief for set aside The order dared 16th February, 2015 in the complaint case Title "M/s Arun International vs M/s Shree Shyam Enterprises and Ors." bearing No. 399/1/12 passed by Metropolitan magistrate Rohini District Courts, Delhi whereby the petitions were ordered to be returned for want of territorial jurisdiction in view of the decision rendered by the Supreme Court.

(2.) THE brief facts are that the petitioner has filed Criminal Complaint bearing No.399/1/12 against the respondent No.2 before the Chief Metropolitan Magistrate, Rohini Courts under the provisions of Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act") on the facts that respondent No.2 approached to the Petitioner and purchased SS Circle, against the said purchased the petitioner issued Invoice No.77 dated 16/08/2011, Invoice No.78 dated 20/08/2011 and Invoice No. 79 vide dated 23rd August, 2011 in discharge of their legal debt the respondent No.2 issued three cheques No. 927355 of dated 7th September, 2011 amounting to Rs. 2,00,000/ -, cheque No. 927356 of dated 9th September, 2011 amounting to Rs. 1,50,000/ - and cheque No. 927358 of dated 12th September, 2011 amounting to Rs. 1,63,133/ - all drawn on Karnataka Bank Ltd., G.T.Road Branch, Delhi, on presentation all the cheques were dishonoured by the bank with remark "Funds Insufficient".

(3.) BY order dated 2nd April, 2012 the Court take the cognizance of the Complaint of the petitioner and issued Notice to the Respondent No.2.