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J.R.MIDHA
Viraj Steel and Energy Ltd. – Appellant
Versus
Skoda Sponge Iron & Steel Co. – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. Atul Y. Chitale, Sr. Adv. and Mr. Karan Kanwal, Adv.

Judgment

J.R. Midha, J.

1. The petitioner has challenged the order dated 8th June, 2010 passed by the learned Metropolitan Magistrate whereby the Court dismissed the complaint of the petitioner under Section 138 of the Negotiable Instruments Act on the ground of lack of territorial jurisdiction. The learned Senior Counsel for the petitioner submits that the respondents issued two cheques bearing nos. 025671 and 025667 dated 15th December, 2009 and 28th December, 2009 for Rs. 10,00,000/- and Rs. 20,00,000/- respectively which were deposited by the petitioner in its account with Union Bank of India, Patel Nagar, Branch New Delhi and both the cheques were dishonoured upon presentation whereupon the petitioner issued legal notice to the respondents from Delhi and thereafter instituted the complaint before the learned Metropolitan Magistrate.

2. The learned Metropolitan Magistrate held that the cheques in question were drawn at HDFC Bank, Mandi, Govind Nagar, Punjab and the presentation of the said cheques at Delhi and the issuance of legal notice at Delhi would not confer any jurisdiction on Delhi Courts. The learned Metropolitan Magistrate relied upon the judgments of the Supreme Court i











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