K.O. ISSAC Vs. STATE

JUDGEMENT

(1.) IN these petitions under Section 482 of Code of Criminal Procedure, the petitioners are seeking quashing of the charge/notice framed against them under Section 251 of the Code, on a complaint filed by the respondent No. 2 under Section 138 of Negotiable Instruments Act. It has been stated in the petition that M/s. Samudra Bio Pharma (P) Ltd. Formerly known as Shantha Marine Biotechnologies Pvt. Ltd. (hereinafter referred as 'the Company') was granted loan assistance of Rs. 350.00 lacs by respondent No. 2. On account of financial difficulties, the company could not make repayment of the loan taken by it and entered into a Deed of Settlement, pursuant to which 48 post dated cheques were issued to respondent No. 2. The cheques, when presented, were dishonoured for want of funds. Complaints under Section 138 of Negotiable Instruments Act were filed by respondent No. 2 at New Delhi against four persons including the Company and the petitioners.

(2.) THE case of the petitioners is that the Court of Metropolitan Magistrate at Delhi lacked jurisdiction to entertain the complaint as no cause of action arose in Delhi. It has also been stated that the complaint does not contain any averment to show as to how the Court at New Delhi had jurisdiction to try the complaints.

(3.) CHAPTER XIII of the Code of Criminal Procedure deals with jurisdiction of criminal Court in inquiries and trials. Section 177, provides that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. Section 178 of the Code, to the extent it is relevant, provides that where an offence is committed partly in one local area and partly in another or where it constitutes several acts done in different local areas it may be inquired into or tried by a Court having jurisdiction for one of the such local areas. Section 179 of the Code provides that when an act is an offence by reasons of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.