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2014 Supreme(Del) 2620
High Court of Delhi
VED PRAKASH VAISH, J.
IFCI Factors Ltd.
Versus
State of Nct of Delhi & Others
CRL. M.C. No. 4184, 4775, 4776 & 4795 of 2014
Decided on: 18-12-2014
For the Petitioner:Deepak Bashta, Advocate.
For the Respondents:R2 to R4, Karan Singh, APP, Rituraj Biswas, Prshant Manchanda, Anand Nandan, Advocates.
Complaints under Section 138 of NI Act are maintainable only at the place where the cheque stands dishonoured.
Headnote:
Territorial Jurisdiction - Section 138 of NI Act - Cheques payable at par/multi-city cheques can be presented at any branch, but complaints are maintainable only where the cheque stands dishonoured
Fact of the Case:
Petitioner filed complaints under Section 138 of NI Act against respondents for dishonoured cheques. Trial court returned the complaints for filing in courts with proper jurisdiction.
Finding of the Court:
The court analyzed the territorial jurisdiction issue for complaints under Section 138 of NI Act based on the nature of the cheques and relevant RBI guidelines.
Ratio Decidendi: Complaints under Section 138 of NI Act are maintainable only at the place where the cheque stands dishonoured, as per the decision in Dashrath Rupsingh Rathod vs. State of Maharashtra & Anr.
Result: The petitions were dismissed, and the impugned orders were maintained. The complaints and original documents were to be returned to the petitioner for filing in appropriate courts with territorial jurisdiction.
1. 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 07.08.2014 passed by learned Metropolitan Magistrate (NI Act), South-East, Saket Courts, New Delhi (in Crl. M.C. No.4184/2014), order dated 22.08.2014 passed by learned Civil Judge, South East, Saket Courts, New Delhi (in Crl. M.C. No.4775/2014), order dated 23.08.2014 passed by learned Metropolitan Magistrate-01 (NI Act), South-West, Dwarka Courts, New Delhi (in Crl. M.C. No.4776/2014) and order dated 23.08.2014 passed by learned Metropolitan Magistrate, Dwarka Courts, New Delhi whereby the complaint(s) have been returned to the petitioner/complainant for filing the same in the Court(s) having proper jurisdiction.
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. Briefly stating the facts giving rise to filing the present petitions are 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.4184/2014 pertains to cheque Nos.328937, 328938, 328939, 328940, 328941, 328942, 328943, 328944 & 328945 all dated 29.07.2013 for a sum of Rs.1,00,00,000/- (Rupees One crore) each, all drawn on Union Bank of India, Sant Tukaram Road, Mumbai-400009, Maharashtra; Crl. M.C. No.4775/2014 pertains to cheque Nos.112433 dated 05.10.2013 for Rs.6,53,771/- (Rupees Six lakhs fifty three thousand seven hundred seventy one), 112434 dated 13.10.2013 for Rs.3,66,047/- (Rupees Three lakhs sixty six thousand forty seven), 112435 dated 13.10.2013 for Rs.11,77,892/- (Rupees Eleven lakhs seventy seven thousand eight hundred ninety two), 112436 dated 13.10.2013 for Rs.3,67,273/- (Rupees Three lakhs sixty seven thousand two hundred seventy three), 112437 dated 13.10.2013 for Rs.3,64,820/- (Rupees Three lakhs sixty four thousand eight hundred twenty) and 112438 dated 13.10.2013 for Rs.2,71,160/-(Rupees Two lakhs seventy one thousand one hundred sixty) all drawn on United Bank of India, Noida Complex (Harola), Main Branch, Noida; Crl. M.C. No.4776/2014 pertains to cheque Nos.305012 dated 31.01.2014 for Rs.42,22,562/ (Rupees Forty two lakhs twenty two thousand five hundred sixty two) and 305018 dated 01.02.2014 for Rs.1,10,00,000/- (Rupees One crore ten lakhs) both drawn on IndusInd Bank Ltd., Eldams Road, Teynampet Branch, 30 Old No.159, Eldams Road Teynampet, Chennai-600018 and Crl. M.C. No.4795/2014 pertains to cheque Nos.165659 dated 05.12.2013 for Rs.34,33,630/- (Rupees Thirty four lakhs thirty three thousand six hundred thirty), 165658 dated 04.12.2013 for Rs.34,21,835/- (Rupees Thirty four lakhs twenty one thousand eight hundred thirty five), 165657 dated 04.12.2013 for Rs.30,66,014/-(Rupees Thirty lakhs sixty six thousand fourteen), 165656 dated 03.12.2013 for Rs.35,96,205/-(Rupees Thirty five lakhs ninety six thousand two hundred five), 165654 dated 03.12.2013 for Rs.35,18,103/- (Rupees Thirty five lakhs eighteen thousand one hundred three), 165655 dated 03.12.2013 for Rs.31,81,158/- (Rupees Thirty one lakhs eighty one thousand one hundred fifty eight), 165660 dated 06.12.2013 for Rs.34,25,137/- (Rupees Thirty four lakhs twenty five thousand one hundred thirty seven), 165661 dated 07.12.2013 for Rs.36,47,172/- (Rupees Thirty six lakhs forty seven thousand one hundred seventy two) and 165663 dated 07.12.2013 for Rs.29,92,866/- (Rupees Twenty nine lakhs ninety two thousand eight hundred sixty six) all drawn on HDFC Bank, Bimla Sadan, Holding Number #801/432, Ward No.#37, Exhibition Road, Patna-800001, Bihar.
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.4184/2014. The complainant is a company incorporated under the Indian Companies Act, 1
