T.S.THAKUR, VIKRAMAJIT SEN
SHIVGIRI ASSOCIATES – Appellant
Versus
METSO MINERAL (INDIA) PVT. LTD. – Respondent
JUDGMENT
VIKRAMAJIT SEN, J.
1. Leave granted.
2. This Appeal assails the Order of the learned Single Judge of the High Court of Punjab & Haryana holding that since the notice as contemplated in Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’), had been dispatched from Gurgaon, Haryana and additionally, a response thereto was dispatched to and received at Gurgaon, Courts at Gurgaon possessed jurisdiction to entertain and decide the Complaint. In the impugned Judgment, several precedents have been mentioned and decisions of this Court, namely, K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510 and Harman Electronics Private Limited v. National Panasonic India Private Limited (2009) 1 SCC 720 have been analysed and discussed. We need not dilate on this issue beyond mentioning and applying the recent decision dated 01.08.2014 in Criminal Appeal No.2287 of 2009 titled Dashrath Rupsingh Rathod v. State of Maharasthra. In view of the deliberations in Dashrath Rupsingh, the Appeal is allowed.
It is no longer arguable that the issuance of the notice has relevance to the question of criminal territorial jurisdiction under Section 138 of the NI Act. In the cas
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