2014 (8) TMI 429

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....ioners seek transfer of Criminal Complaint No.3960 of 2008 under Section 138 of the Negotiable Instruments Act, 1881 pending before the Metropolitan Magistrate, Patiala House Court at New Delhi to the Court competent to try the same at Pondicherry. The cheque in question appears to have been issued on Vyasya Bank Ltd., Vellore, Tamil Nadu. When presented for encashment the same was dishonoured, wh....

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....the notice of demand for the Cheque amount was issued to all the Accused from Delhi. Therefore, this Hon'ble Court has the jurisdiction to entertain, try and decide the present complaint." 2. The petitioners' case, in the present transfer petition, is that the cheque in question was not in discharge of any debt or liability but had been given to the respondent-company by way of security. Dishon....

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....son urged by the respondentcomplainant 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 case. 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 ....

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....que 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 proceedings. The fact that petitioner No.2 is suffering from several medical....