R.R. Prasad, J. - (1.) This application has been filed for quashing of the order dated 24.7.2010 passed by the then Judicial Magistrate, 1st class, Dhanbad in C.P. Case No. 1047 of 2010 whereby and where under cognizance of the offence punishable under section 138 of the Negotiable. Instruments Act has been taken against the petitioner.
(2.) The case of the complainant is that the petitioner being proprietor of M/s. Natraj Enterprises had purchased 15.08 MT of LAM Coke worth Rs. 2,40,000/- from M/s. Narayani Coke Pvt. Ltd. In order to discharge the debt of the said amount of Rs. 2,40,000/-, the petitioner issued an account payee cheque in favour of opposite party, M/s. Narayani Coke Pvt. Ltd. which was drawn on Deogiri Nagari Sahakari Bank Ltd., Aurangabad, Maharashtra. The said cheque was presented by the complainant in State Bank of India, Gandhidhan Branch, Gandhidhan on 23.2.20 10 which was returned unpaid for the reason of "NOT ARRANGED FOR'. Thereupon a demand notice was issued from Dhanbad. In spite of that, when payment was not made, a complaint case, bearing C.P. Case No. 1047 of 2010 was filed in which cognizance of the offence under section 138 of the Negotiable Instruments Act was taken against the petitioner, vide order dated 24.7.20 10 which is under challenge.
(3.) Learned Counsel appearing for the petitioner submits that all the business transactions between the petitioner and the opposite party had taken place at Aurangabad, Maharashtra. The cheque in question was drawn at Aurangabad and delivery of the goods were made at Aurangabad, Maharashtra. The cheque was deposited in the State Bank of India, Gandhidham Branch, Gujarat. In spite of that, a case was lodged at Dhanbad for the reason that notice had been issued from Dhanbad but the cause of action never accrues at the place from where cheque has been issued which proposition has already been laid by the Hon'ble Supreme Court in a case of Harman Electronics Private Limited and another v. National Panasonic India Private Limited, (2009) 1 SCC 720 . In that event, the Court at Dhanbad has got no jurisdiction to try the case and thereby the order taking cognizance is fit to be quashed.;