INTERNATIONAL TRACTORS LTD Vs. HARIVANSH AGENCIES

JUDGEMENT

(1.) By consent of respective counsel, the matter is taken up for final hearing.

(2.) By means of this Petition, the petitioners prayed for setting aside the impugned order of issuance of process dated 22.3.2010 passed by the learned Judicial Magistrate, First Class, Corporation Court No.2 Nagpur for the offence punishable under sections 403, 409, 420 read with Section 34 of the Indian Penal Code in R.C.C. No. 3165/2009 passed against the applicants.

(3.) It is the grievance of the applicants that both the accused against whom a complaint was lodged were resident of Hoshiarpur (Punjab ) and, as such, placed beyond the jurisdiction of the learned trial Magistrate. The trial Magistrate chose to issue process merely after perusing the complaint, recording verification and perusing the documents filed by the complainant. The impugned order was passed on the basis of prima facie documentary evidence against the accused.