Hon'ble SHARMA, J.—This criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing the Criminal Complaint No. 733 of 2012 filed by the respondent No. 2 before the court of Metropolitan Magistrate No. 17 Jaipur City Jaipur for offence under Section 138 of the Negotiable Instruments Act, 1881.

2. The brief and relevant facts giving rise to this criminal misc. petition are that the complainant has filed a complaint under Section 138 of the Negotiable Instruments Act, interalia alleging that M/s. Gee Pee InfoTech Pvt. Ltd. had allegedly executed an agreement dated 19.1.2012 with the complainant where upon it was vaguely alleged without any specific reference that the accused had provided a Portal, which purportedly was to be activated by the accused, however, it was alleged by the complainant that the said Portal was never activated by the accused as M/s. Gee Pee InfoTech. Pvt. Ltd. was not able to secure a contract with BSNL because of which, it was alleged that M/s. Gee Pee InfoTech Pvt. Ltd. had returned the amount of Rs. 65 lacs by cheque No.943163 dated 15.5.2012 ICICI Bank Ballygunge Branch, Kolkata to the complainant. It is alleged that the complainant himself consumed BSNL epin recharge load. The complainant had presented the said cheque for encashment with Indian Overseas Bank, Tonk Branch, but the said cheque was returned unpaid with the remark "insufficient fund". It is further alleged by the complainant that he has received Rs. 25 lacs by way of RTGS dated 21.5.2012 out of the total Rs. 65 lacs. For the balance of Rs. 40 lacs, the accused had issued a cheque of Rs.20 lacs dated 15.7.2012 of ICICI Bank, Ballygunge Branch, Kolkata. The said cheque of Rs. 20 lacs when presented at Indian Overseas Bank, Tonk Branch, was also returned unpaid with the remark "insufficient Fund" on the cheque return Memo dated 24.7.2012. A registered legal notice dated 21.8.2012 was issued by the complainant to the accused inter-alia demanding the cheque amount of Rs.20 lacs within a period of 15 days from the date of receipt of this notice. The Metropolitan Magistrate vide order dated 6.2.2013 took cognizance of the said complaint under Section 138 and issued summons to all the accused. The petitioner Bijoy Agarwal, who is Director of Gee Pee InfoTech Pvt. has filed the above criminal misc. petition challenging the order of taking cognizance and for quashing and setting aside the criminal complaint No. 733/2012 as mentioned above.

3. Mr. Rishabh Khandelwal, learned counsel appearing for the accused petitioner has contended that the learned Magistrate was callous in invoking his jurisdiction under Section 204 Cr.P.C. and issuing process to the petitioner without taking into consideration, the simple fact that no allegation whatsoever had been made against him. The order of cognizance has been passed without application of mind. The order of cognizance has been passed by the Metropolitan Magistrate without having any territorial jurisdiction to try the offence under Section 138 of Negotiable Instruments Act. It has been submitted that the cheque issued was of Kolkata Branch, presented in Tonk by the complainant for encashment with the ICICI Bank and the same was returned unpaid by the ICICI Bank Kolkata Branch to Indian Overseas Bank, Tonk Branch. It has been stated that no cause of action has even been alleged by the complainant itself to have arisen within the territorial limits of Banipark Area, Jaipur City, Jaipur. It is further argued that in the entire complaint no specific averments or allegation, whatsoever has been made against the accused petitioner, as to how the petitioner was incharge of and responsible for the conduct of business of the said company so as to attract the provisions of Section 141 of the Negotiable Instruments Act. The accused company had replied to the legal notice vide reply dated 4.9.2012 but the same was not considered by the Metropolitan Magistrate while taking cognizance. Reliance has been pl

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