TRANSGEITZ ENTERPRISES Vs. RAVI KUMAR ZUTSHI

JUDGEMENT

(1.) Petitioner by this petition filed on 17th May, 2010 has challenged the summoning order dated 28th August, 2004 on the ground of lack of territorial jurisdiction of the Courts in Delhi. The petitioner relies upon the decision of the Supreme Court in Harman Electronics (P) Limited & Anr. Vs. National Panasonic (India) Limited, 156 (2009) DLT 160 (SC) and a judgment of this Court in Surjeet Singh Vs. G.E. Capital Transport Financial Services & Anr., 167 (2010) DLT 449.

(2.) I am not inclined to exercise inherent power of High Court under Section 482 of the Code of Criminal Procedure, 1973 due to delay and latches on the part of the petitioner in approaching this Court. The summoning order was passed on 28th August, 2004. The petitioner had appeared before the trial court in 2004 and has submitted to the jurisdiction of the trial court and did not question and challenge lack of territorial jurisdiction. Proceedings before the trial court have continued.

(3.) Along with this petition, the petitioner has filed a copy of letter dated 26th November, 2003 written on behalf of M/s.Transgeitz Enterprises to the complainant. This letter is addressed to the complainant at his Delhi address. The letter reads:- <FRM>JUDGEMENT_970_ILRDLH20_2010Html1.htm</FRM>