G. SUKUMAR Vs. SRIE INFRASTRUCTURE FINANCE LIMITED.

JUDGEMENT

(1.) The petitioner is facing his trial on a charge under Section 1 38 of the Negotiable Instruments Act before the Learned Metropolitan Magistrate, 7th Court, Calcutta. Now this 'application Has been moved for quashing of the same on the ground that in connection with the self same business transactions several post dated cheques were issued and when same were presented for encashment to the Bank, those were returned unpaid and for one of such dishonoured of cheque, a case was instituted at Chennai before the Learned Metropolitan Magistrate, Fast Track, 1st Court, Egmore, Chennai and same has ended in acquittal.

(2.) Now, the learned Counsel for the petitioner relying on a decision of Damodar S. Prabhu v. Sayed Babalal H. reported in (2010) 5 SCC 663, submitted that the apex court in its said decision has highly deprecated for filing of complaints in multiple jurisdiction relatable to same transaction and issued a guideline in that regard.

(3.) I am of the opinion, it would be more apposite to refer the observations of the Hon'ble apex court in paragraphs 21, 22, 23, 24, 25 and 26 which are quoted below:-