RAJENDRA MARGA GAIKWAD Vs. KAIL LIMITED

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing.

(2.) The controversy in the present petition revolves around the aspect of territorial jurisdiction regarding filing of the complaint under Section 138 of the Negotiable Instruments Act, and the petitioner herein i.e. original accused has filed the present petition against the respondent i.e. original complainant under Article 227 of the Constitution of India and prayed that the impugned order passed on 23.9.2010, by the learned 10 th Joint Judicial Magistrate, First Class, Aurangabad, below Exh. 13, in Summary Criminal Case No. 1077 of 2010 be quashed and set aside.

(3.) The parties hereinafter are referred to as per their original status i.e. 'the complainant' and 'the accused'. The petitioner (original accused) is the proprietor of Proprietory Firm, namely 'Yashraj Agencies' and he is carrying on the business of sale and purchase of various electronic items at Tathawadegaon, Pune. The detailed address thereof is given in the title clause of the present petition. He claims that he looks after the day today affairs and management of the said Company and is responsible for the entire dealings of the said Firm and is solely liable to pay the dues to the complainant Company, if any.