1. The petitioner has challenged the order dated 10th January, 2013 whereby the learned Metropolitan Magistrate dismissed the petitioner’s application challenging the territorial jurisdiction of the Court.

2. The brief relevant facts relating to this case are as under:-

(i) The petitioner approached respondent no.2 to broadcast its advertisements on the FM channel “Fever 104 FM” in pursuance to which respondent no.2 broadcasted the advertisements and raised the bills.

(ii) The respondent issued a cheque bearing no.050221 dated 15th July, 2010 for Rs.19,14,243.80 drawn on Federal Bank Limited, Kolkata to respondent no.2 in discharge of the above liability.

(iii) Respondent no.2 presented the said cheque for clearance in Citi Bank, Cannaught Place, New Delhi whereupon the cheque was dishonoured due to insufficient funds vide returned memo dated 12th January, 2011.

(iv) On 28th January, 2011, respondent no.2 issued a notice of dishonour to the petitioner by Regd. AD Post. The petitioner chose not to reply to the said notice.

(v) On 15th March, 2011, respondent no.2 instituted the complaint under Section 138 of the Negotiable Instruments Act before the Metropolitan Magi