Den F.K. Cable T.V. Network Pvt Ltd v. R.Y. Buildcon Pvt Ltd & ORS

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2921/2010 & CRL. MA 14842/2010 DEN F.K. CABLE T.V. NETWORK PVT LTD .....Petitioner Through:

Mr. Ranjan Kumar, Advocate.

versus R.Y. BUILDCON PVT LTD & ORS .....Respondents Through:

Mr.

Ajay Vikarm Singh, Mr.

Shubham Kumar Singh and Mr. M.

Aamir Faiyaz, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 26.11.2024 1.

By way of present petition, the petitioner seeks to assail the order dated 27.07.2010 passed by the learned ASJ, New Delhi in Criminal Revision No.62/2010.

2.

Vide the aforesaid order, the learned Sessions Court came to the conclusion that the Court of Judicial Magistrate trying the offence under Section 138 NI Act had no territorial jurisdiction. 3.

Learned counsel for the petitioner submits that the impugned cheque was presented at Kotak Mahindra Bank having its branch at New Friends Colony, New Delhi and thus the Courts in Delhi had the requisite jurisdiction.

4.

In view of the decision rendered by the Supreme Court in Dashrath Rupsingh Rathod v. State of Maharashtra reported as (2014) 9 SCC 129 as well as the amendment carried out in Section 142 of the NI Act, the place of jurisdiction for trying the offence would lie in Delhi. Learned counsel for the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2024 at 12:48:44

respondents does not dispute the aforesaid position. 5.

Accordingly, the petition is allowed and the impugned order is set aside and the complaint is restored to its original number. 6.

The petition is disposed of in above terms along with pending application.

MANOJ KUMAR OHRI, J NOVEMBER 26, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2024 at 12:48:44