International Trade Expo Centre Ltd v. Trilok Chand Sharma & Ors

ORDER

02.11.2011 Respondent CrI.M.A. No.12829/2011 Exemption allowed subject to just exceptions. CrI.M.A. No.12830/2011 Delay of 26 days in refilling the petition is condoned. CrI.M.C. No.483/2011

¶1Vide the instant petition, the petitioner has challenged the order dated 7.7.2011 passed by the learned MM (N.I. Act) 03, South East, Sai<et. CRLREV.P. 483/2011 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. a-

¶2The petitioner filed the complaint under Section before the learned MM on the grounds that (i) the registered and corporate office of the petitioner is at New Delhi; (ii) the petitioner presented the cheques for encashment to its bankers situated at Delhi; and (ill) the cheques were returned to petitioner/complainant through its bankers at Delhi; (iv) the legal notice for discharge was issued by the complaint to respondent at Delhi.

¶3The learned MM has directed to return the complaint on the ground of territorial jurisdiction relying on the Harman Electronics

(P) Ltd. & Ann. Vs. M/s. National Panasonic India Ltd., AIR 2009 SC1168. The learned MM has also relied upon the judgment of this Court decided on 24.11.2010 in CrI.M.C. No.2172/2010 titled as Dhananiavlohri Vs. Naveen Sehaai.

¶4The same issue has been dealt with by me in the case of GE Capita! Transportation Financial Services Limited Vs. Rahisuddin Khan. Vide Criminal Writ Petition No.170/2010 decided on 9^^ September, 2011 relying on the judgment of K Bhaskaran Vs. Sankaran Vaidvan Baian & Ann.

(1999) 7 SCC

¶510of the Hon'ble Supreme Court. CRL.REV.P. 483/2011

¶5As per the judgment, the five ingredients for offence under Section 138 Nl Act are as under:-:- "The Offence u/s 138 Nl Act can be completed only with the concatenation of a number of acts. Following are the acts which are components of the said offence:- "1. Drawing of the cheque,

¶2Presentation of the cheque to the bank, 3. Returning the cheque unpaid by drawee bank, 4. Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount,

¶5Failure of the drawer to make payment within days of the receipt of the notice." "If the five different acts were done in different localities any one of the courts exercising jurisdiction in one of the five local areas can become place of trial for offence u/s 138 Nl Act."

¶6In the facts and circumstances, the impugned order dated 7.7.2011 is set aside. The petition is allowed.

¶7The petitioner is directed to appear on 19^^ November, 2011 for directions before the learned MM (N.I. Act) 03, South East, Saket. SURESH KAIT, J NOVEMBER 02. 2011 S.<Pa[ CRL.REV.P. 483/2011

/ I V, I $-26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRLREV.P. 483/2011 % INTERNATIONAL TRADE EXPO CENTRE LTD Petitioner Through : Mr. Deepak K. Vijay, Adv. versus TRILOK CHAND SHARMA & ORS Through : None. CORAM: HON'BLE MR. JUSTICE SURESH KAIT