Sandeep Mehta, J. - (1.) - The misc. petition has been filed challenging the proceedings going on against the petitioner for the offence under Section 138 of Negotiable Instruments Act which have been initiated against the petitioner at Jodhpur.
(2.) The complaint was filed in the Court of Additional Chief Judicial Magistrate No. 2, Jodhpur simply on the ground that the head office of the company is at Jodhpur. It may be stated here that thereafter the complaint was transferred to the Court of the Judicial Magistrate No. 5, Jodhpur.
(3.) The learned counsel for the petitioner has relied upon the case of Harman Electronics (P) Ltd. (M/s.) vs. M/s. National Panasonic India Ltd., 2008 CrLR (SC) 928 : 2009 (1) NIJ 107 (SC) . The learned counsel for the petitioner submits that simply because the head office of the company is in Jodhpur or the legal notice has been issued from Jodhpur, the Court at Jodhpur does not attain jurisdiction. The complaint can only be filed where the cause of action took place. Admittedly, in this case, no part of cause of action has taken place within the territorial jurisdiction at Jodhpur.;