- (1.) This is a petition under Section 482 Cr.P.C for quashing of Complaint no.1475/20.12.2007/01.06.2010 titled as M/s I.T. World v. M/s Perfect Computer Network" under Sections 138 and 142 of the Negotiable Instruments Act and under Section 420 IPC and all subsequent proceedings arising therefrom.
(2.) While praying for quashing of the criminal complaint, learned counsel for the petitioners has raised only two fold arguments. Firstly, the trial Court did not have the requisite jurisdiction to entertain and try this impugned complaint. The cheque was issued from a bank at Meerut and, therefore, the complaint was not maintainable at Faridabad. Reliance was placed on the judgment of Hon'ble the Apex Court rendered in the case titled as M/s Harman Electronics (P) Ltd. and another v. M/s National Panasonic India Ltd., 2009 1 RCR(Cri) 458.
(3.) There is no merit in the argument raised by the learned counsel. The said judgment does not help the petitioners, in as much as, in that case, the facts as recorded were as under :- "Appellants and respondent entered into a business transaction. Appellant is a resident of Chandigarh. He carries on business in Chandigarh. The cheque in question admittedly was issued at Chandigarh. Complainant also has a branch office at Chandigarh although his Head Office is said to be at Delhi. It is stated that the cheque was presented at Chandigarh. However, it is in dispute as to whether the said cheque was sent for collection to Delhi. The cheque was dishnoured also at Chandigarh. However, the complainant-respondent issued a notice upon the appellant asking him to pay the amount from New Delhi. Admittedly, the said notice was served upon the respondent at Chandigarh. On failure on the part of the appellant to pay the amount within a period of 15 days from the date of communication of the said letter, a complaint petition was filed at Delhi.";