YASHOMALA ENGINEERING PRIVATE LIMITED Vs. TATA SSL LIMITED

JUDGEMENT

(1.) THE Petitioner No. 1 company is accused No. 1 in Criminal Case No. 1/s of 1997 instituted in the Court of Additional Chief metropolitan Magistrate 26th Court, Borivali, mumbai. The said Complaint has been filed under section 138 of the Negotiable Instruments Act as amended in 1988. It relates to a cheque worth Rs. 15,54,370/- drawn on Indian Bank, Kirkee Branch, pune.

(2.) THE dispute between the parties qua the said Complaint relates to the jurisdiction of the court of Mumbai. The arguments advanced on behalf of the petitioner-company is that the entire sale transaction with the Complainant-Respondent No. 1-company had taken place in Pune where the petitioner-company is situated and respondent No. 1-company has its sale office. Developing further the case on the footing of delivery having been effected at Pune, cheque having been issued at pune by the petitioner-company and it having been deposited for realisation in the accounts of the complainant-company at Pune, it is very strenuously urged on behalf of the petitioner-company that only the Court at Pune will have jurisdiction.

(3.) IN other words based on the aforesaid factual position, the argument is to the effect that no part of cause of action has arisen anywhere else except Pune. The learned advocate appearing for the petitioner-company had formulated the points to the effect that when in a criminal case jurisdiction is determined by the place where offence takes place, can the Court of the place where notice is issued can get jurisdiction.