Bhavya Industosteel Pvt. Ltd. and Others vs Shyam Sulpher Ltd.

Sunil Gaur, J.—In the above captioned two petitions, question of territorial jurisdiction is raised in proceedings under Section 138 of The Negotiable Instruments Act, 1881. Vide impugned order of 14th August, 2014, trial court has dismissed petitioner''s application for return of respondent''s complaint filed in view of the recent decision of Apex Court in Dashrath Rupsingh Rathod Vs. State of Maharashtra, .

With the consent of learned counsel for both the sides these petitions were heard together and are being disposed of by this order on judgment.

At the hearing, learned counsel for petitioner assailed the impugned order in the above captioned two petitions by drawing the attention of this Court to the trial court''s order of 30th July, 2014 vide which Notice ''under'' Section 251 of the Cr.P.C. was framed against the petitioners. Reliance was placed upon decision of this Court in Neeraj V. Shah & anr. v. State & anr. 2015 Law Suit (Del) 1544 to submit that where the cross-examination of respondent-complainant has not taken place, such complaints have been returned.

The above captioned petitions are opposed by learned counsel for respondent who had supported the impugned order to submit that since the case is fixed by the trial court for recording of complainant''s evidence, therefore, stage for filing application under Section 145(2) of the Negotiable Instruments Act, 1881 has reached and in view of dictum of the Apex Court in Dashrath Rupsingh Rathod (Supra), the proceedings is arising out of complaint case in question ought to continue in Delhi.

Upon hearing and on perusal of the impugned order, the material on record and the Apex Court''s decision in Dashrath Rupsingh Rathod (Supra) and Neeraj V. Shah (Supra), this Court finds that since petitioner''s application under Section 145(2) of the Negotiable Instruments Act, 1881 was not allowed till 4th August, 2014 and the decision of the Apex Court in Dashrath Rupsingh Rathod (Supra) was rendered on 1st August, 2014, therefore, the complaints in question are required to be returned for presentation before the court of competent jurisdiction. In view of the aforesaid, impugned order of 14th August, 2014 is quashed and it is directed that the complaints in question be returned for re-filing within a period of four weeks from the date of return before the court of competent territorial jurisdiction.

The above captioned two petitions and applications are accordingly disposed of.