SUJATA FABS PVT. LTD. Vs. SAPRA HANDLOOM EMPORIUM

JUDGEMENT

(1.) VIDE impugned order, the complaint of the petitioner has been ordered to be returned back under Section 201 (a) Cr.P.C. to the complainant to be presented at Rewari, relying upon the judgment in Harman Electronics Private Limited and another Vs. National Panasonic India Private Limited, (2009) 1 SCC 720. Counsel for the petitioner submits that the ratio of the judgment in Mis Harman Electronics case (supra) has been misinterpreted without considering the fact that the cheque in dispute was pre sented by the petitioner- complainant in the HDFC Bank Ltd., G.T. Road, Panipat for clearance and encashment; the memo dated May 20, 2010 issued by the drawee Bank was returned to the petitioner at Panipat; and the notice was also issued from Panipat.

(2.) IT appears that merely because the cheque was drawn on Gurgaon Gramin Bank, Rewari, the complaint has not been entertained. Prima facie the order passed by the learned Magistrate is in contravention to the spirit and ra tio of the judgment in M/s Harman Electronics case (supra). The trial Court has also placed reliance on the judgment of Delhi High Court in ICICI Bank Ltd. Vs. Subhash Chand Bansal, 2009 (160) DLT 379, to return the complaint. A perusal of the judgment of Delhi High Court indicates that it has nowhere been held in the said judgment that the place where the complainant is residing and the place where the cheque is presented for clearance, the Courts of the said place will not have jurisdiction.

(3.) PETITION is disposed of with liberty to the petitioner to approach the revisional Court within a period of two weeks. In case the revision petition is filed within 15 days, it will be deemed to be within limitation. In case a request is made to the Registry for return of the certified copy of the order passed by the Judicial Magistrate, the same would be handed over to the counsel for the petitioner retaining a photocopy of the same to enable the petitioner to file the same alongwith the revision petition to be filed before the Sessions Court.