JAMBU KUMAR JAIN Vs. TATA CAPITAL LTD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties.

(2.) This group of applications filed under Section 482 of Code of Criminal Procedure the processes issued by by the Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, under Section 138 of the Negotiable Instruments Act against the applicants in different complaint cases, are sought to be quashed on the ground that the Magistrate at Mumbai has no jurisdiction.

(3.) The Respondent No. 1 has filed different complaint cases under Section 138 of Negotiable Instruments Act against the accused No. 1/Respondent No. 2 - Nanesh Foods Ltd. (formerly known as Samta Foods Ltd.) and its directors. The present applicants are the accused Nos. 4 and 5 and they are also said to be directors of said Nanesh Foods Ltd. According to the complainant, it is a registered company having its head office at Fort, in Mumbai. It had advanced cash credit facility, term loan facility and working capital loan facility to the accused No. 1 company. In discharge of part of the liability, said company had issued cheques in favour of the complainant. Those cheques were dishonoured on presentation and inspite of service of statutory notice, the company and its directors had failed to make payment. Therefore, the complaints were filed in the Court of Metropolitan Magistrate, Ballard Pier, Mumbai.