Transfer Petition – Sec.138 of N.I.Act – Territorial -Jurisdiction – Cheque bounced at Vellore Bank – Statutory notice issued at Delhi – case at Delhi – Apex court held that earlier decisions K. Bhaskaran v. Sankaran Vaidhyan Balan & Anr. (1999) 7 SCC 510 was over ruled on 1st August, 2014 by this Court in Dashrath Rupsingh Rathod v. State of Maharashtra & Anr. Criminal Appeal No.2287 of 2009 – Hence the case is transfered from Delhi to Vellore =
whether the Courts in Delhi had the jurisdiction to entertain the complaint
in the facts and circumstances of the case especially when issue of
statutory notices was the only reason urged by the respondent-complainant
for filing a complaint in Delhi.
Issue of a statutory notice demanding
payment of the cheque amount is, in our opinion, not sufficient to vest the
Delhi Courts with the jurisdiction to entertain the complaint and try the
We say so on the authority of the decision of this Court in Harman
Electronics (P) Ltd. v. National Panasonic India (P) Ltd. (2009) 1 SCC 720
where this aspect was examined at length.
This Court ruled that issue of a
statutory notice cannot constitute a valid ground for conferring
jurisdiction upon the Court concerned to take cognizance of an offence
under Section 138.
That position has been reiterated in a recent decision
delivered on 1st August, 2014 by this Court in Dashrath Rupsingh Rathod v.
State of Maharashtra & Anr. Criminal Appeal No.2287 of 2009.
Rupsingh’s case (supra) this Court has overruled the earlier decision
delivered by a two-Judge Bench of this Court in K. Bhaskaran v. Sankaran
Vaidhyan Balan & Anr. (1999) 7 SCC 510 upon which the respondent sought to
place reliance in support of their contention that Delhi Court could
exercise jurisdiction based on the fact that notice of demand of the cheque
amount was issued from Delhi.
4. In the circumstances and keeping in view the admitted factual
position that the cheque in question was dishonoured at Vellore where the
bank on which it was drawn is located, we see no reason why the complaint
filed by the respondents should not be transferred to Vellore for further
The fact that petitioner No.2 is suffering from several
medical problems will also, in our opinion, be taken care by the transfer
of the proceedings from Delhi to Vellore.
5. We accordingly allow this petition and direct transfer Criminal
Complaint No.3960 of 2008 titled M/s Timex Group India Ltd. v. M/s Apex
Distributers & Anr. from Metropolitan Magistrate at Patiala House Courts in
New Delhi to the Chief Judicial Magistrate at Vellore who shall try the
case himself or transfer the same to any other Court competent to try the
same. No costs.
2014- Aug. Part – http://judis.nic.in/supremecourt/filename=41809