SHIVGIRI ASSOCIATES vs METSO MINERALS (INDIA) PVT LTD

The Supreme Court held that the courts at Gurgaon do not have territorial jurisdiction to entertain proceedings under Section 138 of the Negotiable Instruments Act, 1881, solely based on the dispatch of a legal notice from that location. The Court emphasized that the dishonoured cheques were drawn on a bank in Bangalore and were presented for encashment there, thus establishing that the appropriate jurisdiction lies in Bangalore. The appeal was allowed, and the complaint was directed to be re-filed in the appropriate court in Bangalore within 30 days, with the filing deemed within limitation.