Petitioners challenged the jurisdiction of Mumbai courts under Section 138 NI Act following cheque bounce. Court held jurisdiction vested in Mumbai due to biller's location and uncontested liability in reply to notice despite business in Pondicherry.
Writ Petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1277 OF 2013
1.M/s.Restech Pharma & Anr. …Petitioners
versus
1.M/s.Mumbai Pharma Chem & Anr. ...Respondents
Mr.Abhijeet A.Desai, for Petitioners.
Mr.Jaydev Trivedi, for Respondent no.1.
Mr.A.R.Patil, APP for State-Respondent no.2.
CORAM : K.U.CHANDIWAL, J. DATED : 11th July, 2013
P.C. :
Heard.
on the petitioners by the Advocate of the complainant from Mumbai. The demand for remittance of five cheques amount totaling Rs.14,01,972/- was to be effected at Mumbai. The cheque for encashment was presented to the
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bankers of the complainant at Mumbai. The complainant has registered office at Mumbai. The agreement between the petitioners/accused and the complainant, even if is said to be executed at Pondicherry, however, it does not restrict the jurisdiction of the Courts at Mumbai, as there is no such exclusion to the Court's jurisdiction. That apart, the statutory notice served on 8.3.2010 was replied by the accused-petitioners on 8.4.2010 wherein the liability to honour the cheques including purchase of the goods from the complainant is not controverted. The accused-petitioners were expecting some payment from its other parties. By a good gesture the accusedpetitioners had under the said reply to the notice annexed a demand draft of Rs.1,02,500/- dated 7.4.2010.
1 issue framed by the court
Whether the High Court at Mumbai has jurisdiction despite the accused having business in Pondicherry.
1 provisions across 1 enactments
M/s.Restech Pharma & Anr.
M/s.Mumbai Pharma Chem & Anr.
State
K.U.CHANDIWAL
As recorded by the court registry
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