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MUKTA GUPTA
Brainobrain Kids Academy P. Ltd. – Appellant
Versus
Continental Advertising P. – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Trideep Pais and Mr. Shivam Sharma, Advocates.
For the Respondent:Mr. D.R. Bhatia, Advocate.

JUDGMENT

Ms. Mukta Gupta, J.— The present petition seeks quashing and return of the complaint No. 7431/2007 dated 12th March, 2007 pending in the Court of Shri Ajay Garg, Metropolitan Magistrate, Tis Hazari Court, New Delhi on the ground that essential ingredient of Section 138 Negotiable Instruments Act, 1981 (in short N.I. Act) are not fulfilled and the learned Trial Court has no territorial jurisdiction to try the complaint.

2. At the time of hearing learned counsel for the Petitioner confined his prayer to the first issue only as the issue of territorial jurisdiction is pending before the Division Bench of this Court for consideration. Learned counsel for the Petitioner contends that in terms of proviso (b) to Section 138 N.I. Act, the amount demanded should be specified. However, the legal notice in the present case does not specify the amount demanded and thus the same is not a valid legal notice. Reliance in this regard is placed on Rahul Builders v. Arihant Fertilizers & Chemicals & Anr.1

3. Learned counsel for the Respondent on the other hand states that the legal notice was not drafted by an advocate and it is not essential that the amount should be specified in the legal n
























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