PRITISH TEWARI Vs. VISTA SECURITY TECHNICS PRIVATE LIMITED

JUDGEMENT

(1.) THE above petitions have been filed seeking for a direction to call for the records in C.C. Nos. 522 and 521 of 2010 pending on the file of the learned Judicial Magistrate, Alandur and quash the same.

(2.) THE respondent in both the petitions viz., Vista Security Technics Private Limited issued notices dated 4.12.2009 under Section 138 (b) of the Negotiable instrument Act (hereinafter referred to as " Act " ) to one. Pyroguard Engineering Pvt. Ltd, New Delhi, (2) Mr. K.K. Tiwari Director, and to the petitioner. It is seen that the company had placed orders for supply of materials and on the same being supplied by the respondent, two cheques for Rs. 15,00,000/- and Rs. 14,51,959/- dated 8.8.2009 and 24.6.2009 respectively, drawn on HDFC Bank, New Delhi have been issued and the same was presented for collection by the respondent with the bankers at Chennai. Since the said cheques returned with an endorsement " payment, stopped by drawer ", the respondent demanded payment of the amounts due on the cheques, by issuing the aforesaid notices. Since the payment was not made, the respondent has initiated proceedings by filing complaint under Section 138 of the Act before the learned Judicial Magistrate at Alandur, who took the cases on file as C.C. Nos. 521 and 522 of 2010 in which the petitioner is arrayed as A.2.

(3.) MR. V.P. Raman, the learned counsel for the petitioner would submit that the cheque was issued at New Delhi, the drawer's bank is situated at New Delhi and further the cheque was returned by the drawer " s bank only at New Delhi and that being so issuance of notice from Chennai alone will not confer territorial jurisdiction and the consequential proceedings are invalid in the eye of law.