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TMI Blog2011 (5) TMI 843X X X X Extracts X X X X X X X X Extracts X X X X ..... ad been issued towards security and not in discharge of any legally enforceable debt or any other liability as a whole or in part is concerned, the same is also subject-matter of trial since it is a disputed question of fact in view of the specific averment made in the complaint that the cheque had been issued in discharge of part liability. petition dismissed - CRL. M.C. NO. 2610 OF 2010 - - - Dated:- 4-5-2011 - A.K. PATHAK, J. Rajat Aneja and Ms. Shweta Singh for the Petitioner. Rajesh Yadav and Ms. Ruchira for the Respondent. JUDGMENT 1. By this petition under section 482 of the Code of Criminal Procedure petitioner seeks quashing of summoning order as well as the complaint under section 138 of the Negotiabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch included the cheque in question. Mr. Hardeep Singh, Authorized Representative of respondent No. 1, had given in writing on 12-3-2007 to the effect that three blank cheques were taken towards security. According to the petitioner, for this reason also prosecution cannot continue. 3. Per contra , learned counsel for the respondent No. 1 has vehemently contended that the cheque had been issued by the petitioner to discharge his part liability towards supply of goods made by the respondent No. 1. Cheque had been handed over by the petitioner to respondent No. 1 at New Delhi, thus, Delhi courts had jurisdiction to try and entertain the complaint under section 138 of the Act. Reliance has been placed on an unreported judgment dated 25-1-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the cheque, (2) presentation of the cheque to the bank, (3) returning the cheque unpaid by the drawee bank, (4) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount, (5) failure of the drawer to make payment within 15 days of the receipt of the notice. It is further held that it is not necessary that all the above five acts should have been perpetrated at the same locality. It is possible that each of those five acts could be done at five different localities. But a concatenation of all the above five is a sine qua non for the completion of the offence under section 138 of the Act. If the five different acts were done in five different localities any one of the courts exercising jurisdiction in one ..... X X X X Extracts X X X X X X X X Extracts X X X X
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