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TMI Blog2014 (8) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... nics (P) Ltd. v. National Panasonic India (P) Ltd. (2008 (12) TMI 677 - SUPREME COURT OF INDIA) where this aspect was examined at length. This Court ruled that issue of a statutory notice cannot constitute a valid ground for conferring jurisdiction upon the Court concerned to take cognizance of an offence under Section 138. 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 - decided in favour of applicant. - Transfer Petition (CRL.) No. 197 / 2012 - - - Dated:- 5-8-2014 - T. S. Thakur And C. Nagappan,JJ. JUDGMENT T.S. THAKUR, J. 1. In this petition under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in question was not in discharge of any debt or liability but had been given to the respondent-company by way of security. Dishonour of any such cheque was not, according to the petitioners, an offence punishable under Section 138 of the Act aforementioned. That apart, the petitioners claim that the Courts in Delhi have no jurisdiction to entertain the complaint. Simply because the statutory notices were issued to the petitioners from Delhi did not clothe the Courts in Delhi to take cognizance of the offence assuming that the same had been committed. Multiple ailments of Petitioner No.2 are also urged as a ground for transfer of the proceedings from Delhi to Pondicherry. 3. The only question that primarily arises for our consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 problems will also, in our opinion, be taken care by the transfer of the proceedings from Delhi to Vellore. 5. We accordingly allow this petition and direct transfer Criminal Complaint No.3960 of 2008 titled M/s Timex Group India Ltd. v. M/s Apex Distributers Anr. from Metropolitan Magistrate at Patiala House Courts in New Delhi to the Chief Judicial Magistrate at Vellore who shall try the case himself or transfer the same to any other Court competent to try ..... X X X X Extracts X X X X X X X X Extracts X X X X
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