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2014 Supreme(Online)(SC) 167

SUPREME COURT
, J
Sree Mahesh Stationaries and Another v. Indiabulls Financial Services Ltd.


Table of Content
1. jurisdiction of courts based on cheque dishonour location. (Para 1 , 2 , 3)
2. court's ruling on jurisdiction and statutory notice relevance. (Para 4 , 5)
3. final verdict to transfer the case to bangalore. (Para 6)

1. In this petition under S.406 of the CrPC, the petitioners seek transfer of Criminal Complaint No. 14089 of 2009 from the Court of Judicial Magistrate, First Class, Gurgaon, Haryana to the Court of competent jurisdiction at Bangalore.

2. The petitioner appears to have borrowed a loan of Rs. 15,00,000/- (Rupees Fifteen Lakh) for business purposes from the respondent - company. A cheque allegedly issued in partial repayment of the loan amount and drawn on the Syndicate Bank, City Market Branch, Bangalore, when presented for encashment to ING Vysya Bank, Gurgaon appears to have been dishonoured resulting in the issue of statutory notices to the petitioners and eventual filing of a complaint before the Judicial Magistrate, First Class at Gurgaon under S.138 of The Negotiable Instruments Act , 1881. The Magistrate has taken cognizance and summoned the petitioners for appearance to face the trial. Petitioners have, in that backdrop, filed the present transf





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