VIR RETAIL PVT LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) As the controversy is in narrow compass, learned counsel appearing for the parties have requested the Court to decide the matters finally. Accordingly, Rule. Ms. Raval learned APP waives service of notice of Rule on behalf of respondent No.1 State and Mr. Amin, learned advocate waives service of notice of Rule on behalf of respondent No.2. By consent, Rule is fixed forthwith.

(3.) The petitioners, by way of these petitions have principally challenged the issuance of process on the complaint made by the complainant invoking Section 138 of NI Act and there was no compliance with mandatory provisions of issuing the process under Section 202 of Cr.P.C. as respondents were not residing within the territorial jurisdiction of the learned Magistrate.