M/S. ESCORTS LIMITED Vs. RAMA MUKHERJEE

JUDGEMENT

(1.) This Court on 21.2.2013 directed that the instant SLP (Crl.) No.7325 of 2012 be listed after the pronouncement of judgment in Criminal Appeal no. 808 of 2013 (arising out of SLP (Crl.) No. 9434 of 2011), titled Nishant Aggarwal vs. Kailash Kumar Sharma. Nishant Aggarwal's case was disposed of by this Court on 1.7.2013. The pointed question, which arose for consideration in this Court's aforesaid determination was, whether the Court within the jurisdiction whereof, the complainant had presented the dishonoured cheque (issued by an accused), had the jurisdiction to entertain a petition filed under Section 138 of the Negotiable Instruments Act. While disposing Criminal Appeal No.808 of 2013, this Court returned a finding in the affirmative by observing as under:

(2.) Leave granted.

(3.) We have heard learned counsel for the rival parties. The reason for posting the instant matter for hearing after the disposal of Nishant Aggarwal's case was, that the controversy arising herein, was exactly the same as was sought to be determined by this court in Nishant Aggarwal's case . The factual position necessary for the disposal of the instant Civil Appeal, was noticed in paragraph 13 of the impugned order, passed by the Delhi High Court. The same is being extracted hereunder: