K.C. Sharma, J. - (1.) With the consent of the parties, I have heard arguments for final disposal of this petition at admission stage.
(2.) The petitioner has challenged the order dated 5.12.2003 passed by the learned Judicial Magistrate No. 2, Alwar taking cognizance of the offence under Section 138 of the Negotiable Instruments Act (hereinafter to be referred to as 'the Act'), as also the order dated 8.10.2004 passed in revision petition, thereby affirming the order of the learned Magistrate. The order taking cognizance is sought to be challenged solely on the ground of lack of territorial jurisdiction.
(3.) Mr. Anoop Dhand, appearing for the petitioner has strenuously contended that all the acts which are necessary to constitute the offence under Section 138 of the Act were done at Delhi and, therefore, the Court at Alwar has no territorial jurisdiction to entertain the complaint and to take cognizance of the offence. In support of his contention, learned counsel has relied upon a decision of the Apex Court in K. Bhaskaran v. Sankaran Vaidyan Balan (1999(7) SCC 510) .;