MR. B.M. PATEL Vs. CITI BANK, NA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing complaint cases No. 724/1 of 2008 and 1313/1 of 2008 filed by the respondent under Section 138 and 142 of Negotiable Instruments Act and Section 420 of Indian Penal Code.

(2.) A perusal of the first complaint filed by the respondent would show that the petitioner who was holding a Citi Bank card, issued a cheque No. 712655 dated 8th February, 2008 for Rs. 6,332/ - drawn on IDBI Bank towards part payment of the purchases made by him on the credit card. The cheque, when presented for encashment, was returned with remarks "payment stopped insufficient funds". A legal notice was sent to the petitioner from Delhi requiring him to pay the amount of the cheque within 15 days. Since he failed to make the payment, the complaint was filed under Section 138 of Negotiable Instruments Act.

(3.) IN the complaint in respect of cheque No. 712655 dated 8th February, 2008, it has been alleged that in para 11 of the complaint that collection -cum - legal unit of complainant is situated at Delhi and demand notice was sent to the petitioner from Delhi, and therefore, in view of the decision of the Supreme Court in K. Bhaskaran v. Sankaran Vaidhyan Balan and Anr. : (1999) 7 SCC 510, the Delhi Court has territorial jurisdiction to try the complaint. In the complaint filed in respect of cheque No. 712656 dated 8th March, 2008, it has been alleged in para 11 of the complainant that cheque was delivered at the office of the complainant at the above - mentioned address, the same was sent for collection through the collecting branch of the complainant situated within the jurisdiction of Delhi Court and the information regarding dishonour of the cheque was also received in the office of the complainant situated in the jurisdiction of Delhi Court which, therefore, has jurisdiction to try the complaint.