LAWS(P&H)-2011-1-161

SATISH CHANDRA Vs. AGGARWAL EARTH MOVERS PVT. LTD

Decided On January 31, 2011
SATISH CHANDRA Appellant
V/S
Aggarwal Earth Movers Pvt. Ltd Respondents

JUDGEMENT

(1.) This is a petition under Section 482 Code of Criminal Procedure for quashing the criminal complaint No. 4745 dated 17.03.2005 titled as M/s Aggarwal Earth Movers Pvt. Ltd. v. Satish Chandra Contractor'' under Sections 138/ 139/ 141 of the Negotiable Instruments Act read with Section 420 of IPC pending before the Judicial Magistrate 1st Class, Faridabad and summoning order dated 14.07.2005 passed by the Judicial Magistrate, Faridabad and all proceedings arising therefrom.

(2.) While praying for quashing of the criminal complaint and the summoning order, learned Counsel for the Petitioner has raised only two fold arguments.

(3.) Firstly, the trial Court did not have the requisite jurisdiction to entertain and try this impugned complaint. The bank, wherein, the cheque, in question, is stated to have been dishonoured was the Punjab National Bank, Mainpuri, Uttar Pradesh and, therefore, the complaint was not maintainable at Faridabad.