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2010 Supreme(Del) 915

HIMA KOHLI
Religare Finvest Limited – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vijay Aggarwal, Mr. Gurpreet Singh, Mr. Manoj Taneja, Mr. Amit Shrivastava.
For the State : Mr. M.N. Dudeja.
For the Respondent: Mr. Buddy A. Ranganadhan.

JUDGMENT :

Hima Kohli, J.

This common order shall dispose of the petitions filed by the petitioner as the facts of these cases are identical and raise common question of law. For the sake of convenience, facts of Crl. Rev. P. No. 179/2009 are being taken note of.

2. The present petition is filed by the petitioner under Section 397 read with Section 401 of the Criminal Procedure Code, against the judgment dated 09.03.2009 passed by the learned Metropolitan Magistrate in a complaint case No. 10621/2009 under Section 138 of the Negotiable Instruments Act, 1881(hereinafter referred to as 'the Act) holding inter alia that the court did not have the territorial jurisdiction to entertain the complaint and returning the same to the complainant/petitioner, for being presented before the court having territorial jurisdiction to try the same.

3. It is averred in the complaint petition that the petitioner/complainant is a public limited company having its registered and corporate office at New Delhi and is dealing with the business of providing its customers various types of loans. It is further stated that the respondent/accused availed loan facility from the petitioner/complainant but the accoun





































































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