Crl. M.C. 2337/2011. Case: IRIS Computers Ltd. Vs Ghulam Nabi Paul. High Court of Delhi (India)
| Case Number | Crl. M.C. 2337/2011 |
| Counsel | For Appellant: Mr. A.B. Pandey, Adv. and For Respondents: Mr. R.D. Sharma & Mr. Chetan Sharma, Advs. |
| Judges | Mr. Suresh Kait, J. |
| Issue | Negotiable Instruments Act - Section 138 |
| Judgement Date | October 13, 2011 |
| Court | High Court of Delhi (India) |
Judgment:
Suresh Kait, J.
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Vide instant petition the petitioner has prayed to set aside the impugned order dated 09.10.2009 passed by learned Metropolitan Magistrate, New Delhi whereby the complaint case filed by petitioner under Section 138 NI Act ordered to be returned for lack of territorial jurisdiction in view of the order passed in W. P. (C) No.11911/2009 titled 'Delhi High Court Legal Services Committee Vs. Govt. of NCT of Delhi' dated 23.09.2009.
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Without adverting to the contentions raised in the instant petition, it is admitted position that cheque in question presented for encashment and legal notice in the instant petition has been issued from Delhi.
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Vide a judgment delivered by me on 09.09.2011 in Crl. Rev. P. 170/2010, 'GE Capital Transportation Financial Services Ltd. Vs. Rahisuddin Khan,' view has been taken on the jurisdiction keeping the case of K. Bhaskaran Vs. S B Balan AIR 1999 SC 3762, whereby 5 ingredients were decided for offences U/s 138 NI Act as under:-
The Offence u/s 138 NI Act can be completed only with the concatenation of a number of acts. Following are the acts which are components of the said offence:-
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Drawing of the cheque,
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Presentation of the cheque to the bank,
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Returning the cheque unpaid by drawee bank,
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Giving notice in writing to the drawer of the cheque demanding payment of the...
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