NIRAV A DOSHI Vs. TAPODHANI PETROCHEMICALS (PVT ) LTD

JUDGEMENT

(1.) Nirav A. Doshi, proprietor of Feezol Industries, a concern at Nirmain Nagar, a locality of Bhavnagar, Gujarat has brought the above mentioned two petitions under the provisions of section 482 Cr.P.C. praying for quashing of two complaints filed under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act") bearing No. 6905 of 2010 dated 8.4.2010 (Annexure P6 in Criminal Misc. No.M-24981 of 2010) and the summoning order and the subsequent proceedings pending in the court of Judicial Magistrate Ist Class, Chandigarh and the other complaint bearing No.2012 of 2010 (Annexure P8 in Criminal Misc. No.M- 28005 of 2011) alongwith subsequent proceedings arising therefrom pending with another Judicial Magistrate Ist Class, Chandigarh.

(2.) Despite the fact that the complaints sought to be quashed are pending in different courts, I propose to dispose of both the petitions together by way of this common order because the facts of the case are the same and the question raised by way of these petitions is also the same. It is regarding the territorial jurisdiction of the court at Chandigarh to entertain the complaints. The brief facts necessary to dispose of these petitions are as under :

(3.) Cheques, Annexures C2 to C5 for Rs. 1.00 lakh each were issued payable on different dates drawn on ICICI Bank Limited. Tapodhani presented the said cheques for clearance through Canara Bank, Chandigarh, its banker. The cheques were, however, returned dishonoured on account of insufficient funds. Claiming that notice was given thereafter, which was replied by Nirav D. Doshi taking a false plea, the complaints had been filed. The clause to plead that the territorial jurisdiction to entertain and try the complaint was with the court at Chandigarh, Tapodhani made the following allegations in para No. 11 of the complaint in Criminal Misc. No.M-28005 of 2011 :-