SIMRAN STEEL INDUSTRIES Vs. ICICI BANK LTD

JUDGEMENT

(1.) RULE. Shri Devang Joshi, learned advocate waives service of notice of rule on behalf of respondent no. 1 and Shri K.P. Raval, learned APP waives service of notice of rule on behalf of respondent no. 2-State.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present petition is taken up for final hearing today.

(3.) SHRI Masoom Shah, learned advocate appearing on behalf of the petitioners has vehemently submitted that as such the learned Metropolitan Magistrate, Ahmedabad has no territorial jurisdiction to entertain the impugned Complaint. It is submitted that admittedly the loan/credit facility was given to the petitioners at Kanpur, Uttar Pradesh and the petitioners also have their business and office at Kanpur and even respondent no. 1-original complainant also had their branch at Kanpur and the cheques have been issued at Kanpur, which were given to respondent no. 1-original complainant at Kanpur. It is submitted that only for the purpose of collection, the same were deposited by respondent no. 1 in Ahmedabad and, therefore, it is submitted that no cause of action has arisen at Ahmedabad and, therefore, the learned Metropolitan Magistrate, Ahmedabad would not have any territorial jurisdiction and, therefore, relying upon the decisions of the Hon'ble Supreme Court in the case of K. Bhaskaran Vs. Sankaran reported in (1999) 7 SCC 510 as well as the subsequent decision of the Hon'ble Supreme Court in the case of M/s. Harman Electronics (P) Ltd and Anr Vs. M/s. National Panasonic Indian Ltd. reported in AIR 2009 SC 1168 and unreported decision of this Court in the case of Shree Laxmi Agency Vs. State of Gujarat in Criminal Miscellaneous Application No. 9273/2010 and other allied matters, it is requested by SHRI Shah, learned advocate appearing on behalf of the petitioners to return the aforesaid Criminal Case to respondent no. 1-original complainant for presentation before the competent Court having jurisdiction and, therefore, it is requested to allow the present petition.