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Judgment
Suresh Kait, J.—Vide instant petition the petitioner has prayed to set aside the impugned order dated 09.10.2009 passed by learned Metropolitan Magistrate, New Delhi whereby the complaint case filed by petitioner u/s 138 NI Act ordered to be returned for lack of territorial jurisdiction in view of the order passed in W. P. (C) No.11911/2009 titled ''Delhi High Court Legal Services Committee Vs. Govt. of NCT of Delhi'' dated 23.09.2009.
Without adverting to the contentions raised in the instant petition, it is admitted position that cheque in question presented for encashment and legal notice in the instant petition has been issued from Delhi.
Vide a judgment delivered by me on 09.09.2011 in Crl. Rev. P. 170/2010, ''GE Capital Transportation Financial Services Ltd. Vs. Rahisuddin Khan,'' view has been taken on the jurisdiction keeping the case of K. Bhaskaran Vs. Sankaran Vaidhyan Balan and Another, , whereby 5 ingredients were decided for offences U/s 138 NI Act as under:-
The Offence u/s 138 NI Act can be completed only with the concatenation of a number of acts. Following are the acts which are components of the said offence:-
Drawing of the cheque,
Presentation of the cheque to the bank,
Returning the cheque unpaid by drawee bank,
Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount,
Failure of the drawer to make payment within 15 days of the receipt of the notice.
----If the five different acts were done in different localities any one of the courts exercising jurisdiction in one of the five local areas can become place of trial for offence u/s 138 NI Act.
Since, I have already taken a view in the aforesaid case, I accordingly allow Crl. M.C. No.2331/2011. Consequently, I set aside the impugned dated 09.10.2009 passed by learned ld. MM and directed to proceed with the matter in accordance with law.
Petitioner is directed to appear before the trial court on 03.11.2011 for directions.