IMPORTANT POINT
In case cheque account of multi-city cheque to be presented at non-home branch, more than Rupees Ten lakhs, same would not be accepted by non-home branch of drawee bank, same position with regard to other types of accounts like current, cash credits, etc.

Ved Prakash Vaish, J.—By these petitions filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the petitioner assails orders dated 20.08.2014 passed by learned Civil Judge (South East), Saket Courts, New Delhi and order dated 23.08.2014 passed by learned Metropolitan Magistrate-01 (NI Act)/ South West, Dwarka Courts, New Delhi (in Crl. M.C. No.4438/2014) whereby the complaint(s) have been returned to the petitioner/ complainant for filing the same in the Court(s) having territorial jurisdiction to entertain and try the same.

2. Since all the petitions involve an identical question of law and, therefore, all the petitions are being disposed of by this common order.

3. The factual matrix of the case is that the petitioner/ complainant filed complaint(s) under Section 138 of Negotiable Instruments Act, 1881 (“NI Act”, for short) against respondents for the offence under Section 138 of NI Act. Crl. M.C. No.4434/2014 pertains to cheque Nos.433225, 433224, 433222 & 433233 dated 15.09.2013, 15.09.2013, 03.09.2013 & 03.09.2013 respectively for Rs.9,64,604/- (Rupees Nine lakhs sixty four thousand six hundred four), Rs.6,70,335/- (Rupees Six lakhs seventy thousand three hundred thirty five), Rs.4,09,457/- (Rupees Four lakhs nine thousand four hundred fifty seven) and Rs.2,91,201/- (Rupees Two lakhs ninety one thousand two hundred one) respectively all drawn on Punjab National Bank, Ambedkar Marg, Ghaziabad, Uttar Pradesh; Crl. M.C. No.4435/2014 relates to cheque No.111379 dated 05.10.2013 for Rs.6,53,771/- (Rupees Six lakhs fifty three thousand seven hundred seventy one) drawn on Punjab National Bank, Ambedkar Marg, Ghaziabad, Uttar Pradesh; Crl. M.C. No.4436/2014 pertains to cheque Nos. 112429, 112426 & 112427 dated 18.09.2013, 15.09.2013 & 15.09.2013 respectively for Rs.2,91,201/- (Rupees Two lakhs ninety one thousand two hundred one), Rs.9,64,604/- (Rupees Nine lakhs sixty four thousand six hundred four) and Rs.6,70,335/- (Rupees Six lakhs seventy thousand three hundred thirty five) respectively all drawn on Union Bank of India, Noida Complex (Harola), Main Branch, Noida; Crl. M.C. No.4437/2014 pertains to cheque Nos.994287, 994288, 994289, 994290 & 994291 dated 29.03.2013, 29.03.2013, 19.05.2013, 19.05.2013 & 19.05.2013 respectively for Rs.55,22,400/- (Rupees Fifty five lakhs twenty two thousand four hundred), Rs.51,90,640/- (Rupees Fifty one lakhs ninety thousand six hundred forty), Rs.49,64,960/- (Rupees Forty nine lakhs sixty four thousand nine hundred sixty), Rs.46,94,040/- (Rupees Forty six lakhs ninety four thousand forty) and Rs.49,70,160/- (Rupees Forty nine lakhs seventy thousand one hundred sixty) respectively all drawn on ICICI Bank, Calcutta Branch, Rasoi Court, 20, Sir R.N. Mukerjee Road, Calcutta; Crl. M.C. No.4438/2014 pertains to cheque Nos.618576 & 435341 dated 31.01.2014 and 30.01.2014 respectively for Rs.5,60,548/- (Rupees Five lakhs sixty thousand five hundred forty eight) and Rs.7,50,000/- (Rupees Seven lakhs fifty thousand) both drawn on Punjab National Bank, Railway Road, Bahadurgarh, Haryana.

4. In order to have better understanding of facts of the cases, it would be appropriate to refer to facts of one case. The facts are being extracted from Crl. M.C. No.4434/2014. The complainant is a company incorporated under the Indian Companies Act, 1956 and is engaged in the business of factoring of receivables. The respondent No.2 company herein (accused No.1 company in the original complaint) is also a company incorporated under Indian Companies Act, 1956, respondent No.3 is Director of the accused company and In- charge of the day-to-day business and management of the operational and financial affairs of the accused company. The complainant was approached by Shyam Forgings Pvt. Ltd. for availing its domestic factoring sales bill factoring facility, an agreement was executed between the parties on 07.05.2010 for a sum of Rs.3,00,00,000/- (Rupees Three crores). Th