NALINAKSHANA KOLANGARDATH Vs. AVRON CHEMICALS PVT. LIMITED

JUDGEMENT

(1.) THIS judgment shall dispose of Cr. MMO Nos. 79, 80, 81, 82, 105, 106, 107 and 108 of 2012 as common question of law is involved in all the petitions.

(2.) The petitioners in the petitions have challenged summoning order under Section 138 of the Negotiable Instruments Act, 1881 (for short 'Act') and have also prayed quashing of complaints pending in the Court of learned Judicial Magistrate 1st Class, Court No. 2, Kasauli. The Cr. MMO Nos., Complaint Nos. and summoning orders challenged in Cr. MMOs are as follows: - <FRM>JUDGEMENT_218_LAWS(HPH)8_2012.htm</FRM>

(3.) IT has been stated that the Court at Kasauli has no jurisdiction, no part of cause of action has arisen within the territorial jurisdiction of the Kasauli Court. The presentation of cheque and issuance of notice from an area within the jurisdiction of Kasauli Court will not give jurisdiction to the Court at Kasauli for summoning the petitioners. The petitioners in Cr. MMO No. 79 of 2012 are Non -Executive Directors of the Company. The petitioners No. 2 and 3 in Cr. MMO No. 81 of 2012 are the Directors of the Company. There are no averments in the complaint in accordance with law that the Non -Executive Directors or the Directors of the Company are responsible for the administration, conduct, business affairs and day -to -day working of the Company. There is no legal material on record for summoning the petitioners under Section 138 of the Act, the learned Judicial Magistrate 1st Class, Kasauli has erred in summoning the petitioners under Section 138 of the Act.