SUDARSHAN TRADING COMPANY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Rajeshwar Yadav, learned counsel for the petitioners and learned A.G.A.

(2.) This writ petition has been filed with the following prayers:

(3.) In the present writ petition, a preliminary objection if raised by the learned A.G.A. in respect of the maintainability of this writ petition, on the ground of the territorial jurisdiction, by submitting that the learned Civil Judge (Jr .Div. ), JMFC Court Tiptur, District Tumkur, Karnataka has taken cognizance and Summoned the petitioners and issued the summons dated 20.12.2004 in Complaint Case No. 1825 of 2004 and 4.1.2005 in Complaint Case No. 2071 of 2003 to face the trial for the offence under Section 138 of the Negotiable Instrument Act, who is not subordinate to this Court and is not under the superintendence of this Court. So this Court has no terrotorial jurisdiction to entertain the writ petition against the order of taking cognizance and summoning the petitioners. In the present case, the writ petition is only maintainable in the territorial jurisdiction of Karnataka High Court. It is further contended that the petitioner has not filed the copies of the complaint and summoning orders dated 20.12.2004 and 4.1.2005 passed in Criminal Complaint Case No. 1825 of 2004 and Criminal Complaint Case No. 2071 of 2003 and only on the basis of the copy of the summons issued to the petitioners, no orders can be passed, in respect of the abovementioned prayers, by this Hon'ble Court.