TAPESH KYAL Vs. SHREE SHYAM PULP

JUDGEMENT

(1.) In this writ application, under Articles 226 and 227 of the Constitution of India, the petitioner has raised an interesting point of issue which is read as follows:

(2.) Mr. G.K. Acharya, learned counsel appearing for the petitioner submits that, since the issuance of summons dated 15.05.2012 by the Metropolitan Magistrate-02 (South), N.I. Act, Room No.505, Saket Courts Complex, New Delhi in C.C. No.157 of 2012 is without jurisdiction, the same is liable to be quashed. He further submits that from the invoices as raised by the opposite party/complainant, contains a clause that if any dispute arises for materials supplied, the same shall be subject to the jurisdiction of Kasipur Court and the said Court is alone competent to try the case. Therefore, the initiation of a complaint case by the opposite party/complainant in New Delhi before the Court of the Metropolitan Magistrate, is without jurisdiction. It is further stated that the petitioner had issued cheque from the bank account at Cuttack and the opposite party/complainant had received the cheque at Cuttack, therefore, the complainant ought to have filed the complaint at Cuttack. It is further claimed that the cheque in question had been issued by the petitioner by way of security.

(3.) With reference to the aforesaid contentions, this Court is required to examine the following point: