ACHINTYA MANDAL Vs. CHAITANYA AGRO PRODUTS

JUDGEMENT

(1.) THE prayer in this petition under Section 482 of the Code of Criminal procedure, 1973 (Crpc) is for quashing of the Criminal Complaint Case No. 50/1 of 2005 titled "chaitanya Agro Products v. Achintya Mandal", pending in the Court of the learned Metropolitan Magistrate (MM), Patiala house Courts, New Delhi under Section 138 of the Negotiable Instruments act, 1881 ('ni Act' ).

(2.) THE aforementioned complaint was filed in respect of the dishonour of cheque No. 760333 dated 25th April 2005 drawn on United Bank of India, chowki Branch, P. O. Nabarun, Murshidabad for a sum of Rs. 85,48,801/ -. The cheque was presented to the Allahabad Bank, SSI Finance Branch, 3 red Cross Place, Kolkata, and was returned dishonoured on the ground that it "exceeds arrangement". The statutory notice was despatched from Delhi to the petitioner (drawer of the cheque), who is a proprietor of a Chick Shop at Murshidabad in West Bengal.

(3.) ONE of the grounds on which the quashing of the complaint is sought is that the Court in Delhi has no jurisdiction to try it. It is stated that all events preceding the filing of the complaint took place outside the territorial jurisdiction of the Court in Delhi.