M/S APEX DISTRIBUTORS & ANR. versus M/S TIMEX GROUP INDIA LTD.

M/S APEX DISTRIBUTORS & ANR. versus M/S TIMEX GROUP INDIA LTD.

Statutory notice issued in Delhi does not confer jurisdiction to Delhi Courts to entertain the criminal complaint under Section 138 of the Negotiable Instruments Act, 1881; complaint must be tried where the cheque was dishonoured (Vellore).

Parties
Petitioner: MIS Apex Distributors & Anr.; Respondent: MIS Timex Group India Ltd.
Jurisdiction
India
Judgment Date
05 August 2014
Procedural Posture
Transfer Petition (criminal) / Supreme Court Final Order
Outcome
Transfer Petition allowed
Legal Topics
Jurisdiction Under Section 138 NI Act, Transfer of Criminal Complaint, Dishonour of Cheque
Criminal Law Negotiable Instruments Jurisdiction Under Section 138 NI Act Transfer of Criminal Complaint Dishonour of Cheque

Case Brief

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Parties

MIS Apex Distributors & Anr.

Petitioner

MIS Timex Group India Ltd.

Respondent

Procedural Posture

Transfer Petition (criminal) / Supreme Court Final Order

Legal Issues

  1. 1 Whether Courts in Delhi have jurisdiction to entertain the complaint under Section 138 NI Act when statutory notice of demand was issued from Delhi
  2. 2 Whether complaint should be transferred from Delhi Court to Vellore Court

Ratio Decidendi

Statutory notice issued in Delhi does not confer jurisdiction to Delhi Courts to entertain the criminal complaint under Section 138 of the Negotiable Instruments Act, 1881; complaint must be tried where the cheque was dishonoured (Vellore).

Court Disposition

Transfer Petition allowed

Orders

  • Transfer of Criminal Complaint No.3960 of 2008 titled M/s Timex Group India Ltd. v. Mis 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 the same.
  • No costs.