ARANI MURALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner who has been facing his prosecution under Section 138 of the Negotiable Instruments Act has moved this Court for quashing of the said proceedings on the ground the Learned Metropolitan Magistrate, 8th Court, Calcutta, before whom the proceeding is pending is lacking of territorial jurisdiction.

(2.) Now, having regards to the statement of facts made in the petitioner of complaint together with those contained in the demand notice, the admitted position is as follows;

(3.) On behalf of the petitioner reliance has been heavily placed on the decision of the Hon'ble Supreme Court in the case of Harman Electronics Private Limited and Anr. v. National Panasonic India (P) Ltd., 2009 1 SCC(Cri) 610 and it is submitted since the Court before whom the impugned proceeding is pending is lacking of territorial jurisdiction is not legally empowered to proceed with the same.