T.S.THAKUR, V.GOPALA GOWDA, C.NAGAPPAN
Vinay Kumar Shailendra – Appellant
Versus
Delhi High Court Legal Services Committee – Respondent
T.S. Thkaur, J. — Leave granted.
2. These appeals arise out of a judgment dated 23rd September, 2009 passed by a Division Bench of the High Court of Delhi in W.P. (C) No. 11911 of 2009 whereby the High Court has invoked its jurisdiction under Article 226 of the Constitution of India read with Section 482 of Cr.P.C. and directed return of all complaints filed under Section 138 of the Negotiable Instrument Act, 1881 in which the Metropolitan Magistrates in Delhi have taken cognizance only because the statutory notices in terms of proviso to Section 138 of the Act have been issued to the drawers of the cheque from Delhi. The matter arose out of a writ petition filed by the Delhi High Court Legal Services Committee in public interest pointing out that a very large number of complaints under Section 138 of the Act were pending in Courts of Metropolitan Magistrates in Delhi in which cognizance had been taken although the Courts concerned had no territorial jurisdiction to do so. The Committee’s case before the High Court was that such complaints were filed among others by financial institutions and banks only on the ground that the statutory notices demanding payment against the
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