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2012 Supreme(Bom) 1353

K.U.CHANDIWAL
H. D. F. C. Bank Ltd. – Appellant
Versus
New Tech Forge & Foundry Ltd. – Respondent


Advocates appeared:
For the Petitioner:A.H.H. Ponda with Sunil D' Souza, Advocates.
For the Respondents:R1 to R4, Apoorva Vakil with Hemang Jariwala i/b. Auroma Law, Advocates, Rajesh More, APP.

Judgment :

Heard finally. Rule returnable forthwith.

2. Petitioner (HDFC Bank Ltd.) questions legality of order dated 5th October 2010 passed by the learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai in the three proceedings initiated for an offence punishable under Section 138 r/w. 141 of Negotiable Instruments Act, 1881, thereby the learned Judge has observed the Court at Mumbai has no territorial jurisdiction to try the complaint and hence, the complaint was returned under Section 201(a) of Cr.P.C., for presentation to proper Court.

3. The Respondents M/s. New Tech Forge & Foundry Ltd. and Ors. had availed financial facilities from Centurion Bank of Punjab Ltd. (For short Centurion Bank). The Respondent – Company had issued certain cheques in favour of Centurion Bank. On 23.05.2008, Centurion Bank was amalgamated with the H.D.F.C. Bank Ltd. (Petitioner). After amalgamation, H.D.F.C. Bank sought to release the cheques by presenting them for collection at Mumbai. However, same were dishonoured by the partners of Respondents at Rajkot. The Petitioner had dispatched statutory notice to the Respondents from Mumbai demanding payment at Mumbai but no payments were made an































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