R. SUBRAMANIAN AND ANOTHER Vs. VISHAL KHURMA

JUDGEMENT

(1.) THIS petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. 404/2 dated 16.9.2009 (Annexure P -2) under Section 138 of the Negotiable Instruments Act, 1881 (for short - " the Act") and all the subsequent proceedings arising therefrom including summoning order dated 16.9.2009 (Annexure P -3).

(2.) LEARNED counsel has next placed reliance on the decision of the Apex Court in Nishant Aggarwal vs. Kailash Kumar Sharma : 2013 (3) RCR (Cri.) 697, wherein, while relying upon the decision of the Harman Electronics's case (supra), it was held as under: -

(3.) IN the present case, respondent No. 1 has filed the complaint in question against the petitioners and another qua dishonour of cheque dated 24.1.2009 in the sum of Rs. 1,01,345/ -. Admittedly, respondent No. 1 had worked as Associate Vice President (Operations) with the petitioners at Chennai. The cheque in question was presented for encashment by respondent No. 1 to his bank at Nasik (in Maharashtra). The cheque had been issued by the petitioners -company from its account maintained with the bank at Chennai. Hence, the Court at Ludhiana had no jurisdiction to try the complaint merely because the notice qua dishonour of the cheque had been issued from Ludhiana by the complainant. Thus, the case in hand is duly covered by the decision of the Apex Court in Harman Electronics's case (supra) as well as Nishant Aggarwal's case (supra).