RISHI KUMAR Vs. PARLE BISCUITS PVT LTD

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure (for short 'Code of Criminal Procedure') for quashing of criminal complaint No. 84 of 2005 (Annexure P16) under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) titled as 'Parle Biscuits Pvt. Ltd. v. Rishi Kumar, pending in the Court of Sub Divisional Judicial Magistrate Bahadurgarh.

(2.) The contents of the complaint (Anneuxre P16) read as under:

(3.) Learned Counsel for the petitioners has submitted that the blank cheques in question were issued in the year 2002 by way of security. Learned Counsel has further submitted that the agreement between the parties (Annexure P1) was executed at Bombay. Petitioners are carrying on their business at Kanpur. The cheques in question were, allegedly, issued in favour of the complainant company drawn on the Branch of State Bank of India Karvi, District Banda, U.P. In these circumstances, no cause of action had arisen at Bahadurgarh and, hence, the Court at Bahadurgarh has no jurisdiction to try the complaint in question. Learned Counsel has placed reliance on M/s. Harman Electronics (P) Ltd. and Anr. v. National Panasonic India Ltd., 2009 0 CrLJ 1109 wherein the Apex Court has held as under: