Crl.M.A.No.15042 of 2014 (for exemption)

Dr.S.Muralidhar, J.—Exemption allowed subject to all just exceptions.

2. The application is disposed of.

TR.P. (Crl) 68 of 2014 & Crl.M.A. No. 15041 of 2014 (for stay)

3. The Petitioner, HDFC Bank Limited, seeks by way of the present transfer petition, a direction that one of its cases under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’) i.e CC No. 2583 of 2014 titled HDFC Bank Limited v. Vardhman Precision Profiles & Tubes Pvt. Ltd., should continue to be tried in the Court of the learned Metropolitan Magistrate (‘MM’), Dwarka Courts, New Delhi.

4. The provocation for this petition is an order passed by the learned MM, Dwarka Courts on 29th August 2014, which reads as under:

“29.08.2014

Present: Sh. Sachin Katyal, Ld. Counsel for the Complainant.

Matter is listed for appearance of the accused.

The Hon’ble Supreme Court has given following observations for ascertaining the territorial jurisdiction in offence under Section 138 N.I. Act in case titled as ‘Dashrath Rupsing Rathod v. State of Maharashtra & Anr [Criminal Appeal No. 2287 of 2009, decided on 1st August 2014 (Three Judge Bench)]:-

“Accordingly a reading