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High Court of DelhiCRL.M.C./2267/2015

Ifci Factors Ltd v. State Of NCT Of Delhi & ORS

2015-05-25Hon'Ble Mr. Justice Sunil Gaur2 pages

I- 58 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 25, 2015 + CRL.M.C. 2267/2015 & Crl. M.A.Nos.7983-84/2015 IFCI FACTORS LTD.

..... Petitioner Through:

Mr. Deepak Bisht, Advocate versus STATE OF NCT OF DELHI & ORS. ..... Respondents Through:

Mr. Karan Singh, Additional Public Prosecutor for respondentState

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

JUDGMENT

% (ORAL) Vide impugned order, petitioner's complaint under Section 138 of The Negotiable Instruments Act, 1881 has been returned on the ground of lack of territorial jurisdiction while relying upon Apex Court's decision in Dashrath Rupsingh Rathor v. State of Maharashtra (2014) 9 SCC 129. At the hearing, learned counsel for petitioner assailed the impugned order and submitted that the cheques in question were 'payable at par' at all branches of Axis Bank Ltd. and so, return of complaint in question is bad in law.

Upon hearing and on perusal of the impugned order, material on record and the decisions cited, I find that the question raised in this petition already stands answered by this Court in Crl. M.C.No.700/2012 Crl.M.C.No.2267/2015

Neerav J Shah & anr. Vs. State & anr., decided on 23rd March, 2015. In view of above, finding no illegality or infirmity in the impugned order, this petition and applications are dismissed. (SUNIL GAUR) JUDGE MAY 25, 2015 r Crl.M.C.No.2267/2015