M PALANISAMY S/O MUNIYANDI Vs. UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT LAW DEPARTMENT NEW DELHI

JUDGEMENT

(1.) THE petitioner has filed both writ petitions seeking for a writ in the nature of declaration declaring that by the contract if the parties have restricted settling of disputes between them at a particular place, any prosecution or proceedings launched by the other party away from the restricted / agreed jurisdiction even in cases of Section 138 of the Negotiable Instruments Act falling within the said contract will not be valid and binding on the petitioner.

(2.) THE petitioner has made the Union of India and the State of Tamil Nadu as first and second respondents. Apart from that, they have included two learned Magistrates whose courts are situated in Faridabad and New Delhi. THE first writ petition was admitted on 20.1.2011 and the second writ petition was admitted on 19.04.2011. In the applications for stay, only notice was ordered.

(3.) HOWEVER, this court is not inclined to entertain the writ petitions. The petitioner has made the magistrates of the Country as party respondents as if the writ petition is a quash petition filed under Section 482 Cr.P.C.