JANTA CHEMICALS Vs. GRASIM INDUSTRIES LTD.

JUDGEMENT

(1.) BEING aggrieved by the order dated 10th September, 2008 passed by VII Additional Sessions Judge (Fast Track) Ujjain in Cr.R. Nos. 66/08 and 103/08 whereby the order dated 22.2.2008 passed by JMFC, Ujjain in Criminal Case No. 1370/07 of which old number is 5459/04 was set aside, the present petition has been filed.

(2.) SHORT facts of the case are that respondent No. 1 filed a complaint under Section 138 of Negotiable Instruments Act (which shall be referred hereinafter as an Act) against the petitioner before Chief Judicial Magistrate, Ujjain alleging that the cheque which was issued by the petitioners upon presentation was dishonoured and the cheque amount was not paid by the petitioners in spite of notice of demand. It was prayed that petitioner be prosecuted under Section 138 of the Act. The cognizance was taken by the learned CJM, Ujjain. During course of trial an application was filed by the petitioner to the effect that since the office of the respondent No. 1 is situated at Birla Gram, Nagda, therefore, as per the distribution memo dated 2.11.2004 issued by learned CJM, Ujjain in exercise of powers conferred by Sections 14(1) and 15(2) of Cr. P.C., CJM Court is having no jurisdiction to entertain the complaint. It was also alleged that even if it is assumed that the offence was committed at Ujjain, as the notice under Section 138 of the Act was issued by an Advocate having its office at Ujjain, then too, the offence committed in the jurisdiction of concerned Police Station and can be tried by JMFC, Ujjain, which was presided at the relevant time by Smt. Neeta Gupta. It was alleged in the petition that since the Court was not having the territorial jurisdiction, therefore, first of all the question of jurisdiction be decided. This application was opposed by the respondent No. 1. Vide order dated 22.2.2008 the application filed by the petitioners was allowed in part holding that since the offence was committed within the territorial jurisdiction of Madhav Nagar Police Station, therefore, as per the distribution memo the case is transferred to the Court of JMFC, Ujjain, which was presided by Smt. Neeta Gupta at the relevant time. Being aggrieved by the order passed by the learned trial Court a revision petition was filed by the petitioners, which was numbered as Cr. R. No. 66/08. Respondent No. 1 also challenged the order in Cr.R. No. 103/08. By the impugned order the revision petition filed by the petitioners was dismissed and the revision petition filed by the respondent No. 1 (Cr.R. 103/08) was allowed and the order dated 22.2.2008 passed by learned CJM, Ujjain was set aside with a direction to the learned Court below to decide the case at the earliest, as the case is of the year 2004 and is at the fag end of the trial as it is only final arguments which has to be heard. Being aggrieved by this order, the present revision petition has been filed.

(3.) MR . Deepak Sharma, learned Counsel for respondent No. 1 submits that the application filed by the petitioner itself is mischievous and is filed with an oblique motive to delay the trial which is pending since last five years. It is submitted that the petition filed by the petitioner be dismissed.