Vijay Ahuja vs State Of Nct Of Delhi & Anr on 23 July, 2018

2. The petitioner invokes the jurisdiction of this court under
Section 482 of the Code of Criminal Procedure, 1973 to pray for
quashing of the proceedings in the two complaint cases on the grounds
that it is an abuse of the process of the court; that the cheques were
issued as “security” and not for the discharge of any debt or other
liability; and that the court in Delhi has wrongly exercised the
jurisdiction as all the acts involved in these matters were committed in
Ahmedabad (Gujarat).

3. The question of territorial jurisdiction is rendered academic for
the simple reason the averments in the complaints themselves endorse
the objection of the petitioner that no charge for offence under Section
138 of the Negotiable Instruments Act, 1881 can be brought against
him with regard to the aforementioned three cheques since they were
issued as security cheques. The pleadings in (para 4 of) the first
complaint, they being almost identical to the pleadings in the second
complaint may be extracted as under :-

Source: Indian Kanoon

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