INDERPAL SINGH Vs. BRIDGSTONE INDIA PVT LTD

JUDGEMENT

(1.) THESE four appeals have been filed by the petitioner Inderpal Singh under Section 482 of the Cr.P.C, being aggrieved by the order passed by the Judicial Magistrate Class-I, Indore in Criminal Case No. 1968/07, 1969/ 07, 217/07 & 1970/07 dated 11.1.2010 and for quashing of the complaint filed by the respondent complainant M/s.Brldgestone India Pvt. Ltd.

(2.) COUNSEL for the petitioner has candidly admitted that these four petitions are a second round of litigation since the petitioners had been constrained to file similar petitions being aggrieved by the order of the trial Court dated 2.6.09 rejecting the application filed by the petitioner under Section 177 of the Cr.P.C. raising objection on the issue of taking cognizance of the offence under Section 138 of the Negotiable Instruments Act by the Court concerned on the grounds that the trial Court lacked jurisdiction. She also admitted that this Hon'ble Court had by order dated 3.12.09 remanded the matter back to the trial Court to pass a fresh order after considering of the facts and documents filed by the parties and after granting proper opportunity of hearing to both and the issue of jurisdiction was to be decided within a month from the date of the order.

(3.) SHE Also urged that the complainant by filing reply stated that the cheque issued by the accused was presented by the complainant at the IDBI Bank, Branch at Indore for payment. The notices were issued to the accused at Indore and hence the trial Court had jurisdiction to try the matter and had prayed for dismissal of the application under Section 177 of the Cr.P.C; whereas the petitioner's Counsel prayed that the order taking cognizance of offence be quashed.