SANTOSH VERMA Vs. SUNIL KUMAR GUPTA

JUDGEMENT

(1.) Present petition is filed assailing the impugned summoning order dated 06.12.2008 passed by Special Judicial Magistrate, 1st, Dehradun in Criminal Complaint Case No. 1097 of 2008 whereby learned Magistrate was pleased to summon the petitioners under Sections 420 and 120-B I.P.C.

(2.) Undisputedly, petitioners /accused are resident of Kanpur which is beyond the territorial jurisdiction of Special Judicial Magistrate, 1st, Dehradun. Perusal of the impugned summoning order further reveals that learned Magistrate initially reproduced the contents of the F.I.R. and thereafter in one paragraph has observed as under :-

(3.) Hon'ble Apex Court in the case of National Bank of Oman Vs. Barakara Abdul Aziz and another, 2013 2 SCC 488 has held as under :-