M PALANICHAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) WHETHER the High Court of Judicature, Madras, can issue a writ in the nature of Declaration and set at naught the proceedings initiated on a private complaint under the provisions of the Negotiable Instruments Act, 1881, before the criminal court outside the territorial jurisdiction of the Madras High Court is the moot question raised in this writ petition.

(2.) AT the foremost, it has to be taken note of that the petitioner has already raised a similar question before the Bombay High Court in Criminal Writ Petition No.409 of 2010 and vide order dated 08.02.2010, the Bombay High Court, has directed the petitioner to raise the dispute before the concerned criminal court and the same has been raised by the petitioner and answered in Criminal Revision Application No.56 of 2010 on 15.04.2010. Despite the same, the petitioner has urged the same contentions in this writ petition by way of a writ of declaration, hence the adjudication.

(3.) WHILES, there was a dispute between the petitioner and the said advertising company, in respect of one particular advertisement, payment for the said advertisement was disputed. The Advertisement company seemed to have deposited the advance security cheques for a sum of Rs.6,66,961/- and got it dishonoured. According to the petitioner, a sum of Rs.4,10,705/- has already been paid to the advertising company. It is the case of the petitioner that suppressing the same, the advertising company has filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, on the file of Learned 62nd Metropolitan Magistrate Court, Dada, Mumbai, against the Company and the Directors of the company.