SHANTI MERCHANDISE PRIVATE LIMITED Vs. VIDEOCON INDUSTRIES LIMITED

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of complaint No. 5490/30/X/13/18/ 11/13 titled M/s Videocon Industries Limited v. M/s Shanti Merchandise Pvt. Limited and others filed under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881 (in short, 'the Act') pending in the Court of Judicial Magistrate Ist Class, Gurgaon and summoning order dated 30.10.2013.

(2.) The sole submission made by counsel for the petitioner is that as the drawee bank of the cheque in dispute was not situated within the territorial jurisdiction of the Court at Gurgaon, the Judicial Magistrate, Gurgaon does not have the jurisdiction to decide the present proceedings. For this purpose, he has relied upon latest judgment of Hon'ble the Supreme Court in Dashrath Rupsingh Rathod v. State of Maharashtra and another (Crl. Appeal No. 2287 of 2009, decided on 01.08.2014).

(3.) Shri Rahul Sharma, Advocate, representing the petitioner contends that the accused had put in appearance before the trial Court but proceedings of the case have not gone to the stage of Section 145(2) or beyond, therefore, the respondents cannot seek aid to the observations made in para 20 of the aforesaid judgment to negate plea of the petitioner that the Court at Gurgaon does not have the territorial jurisdiction to try the present case.