RAJESHWAR SABHARWAL Vs. M/S UNIVERSAL APPLE ASSOCIATES

JUDGEMENT

(1.) The crucial question, which arises for consideration in the present petitions is as to whether the Court of Judicial Magistrate 1st Class, Court No.2, Kasauli, District Solan, lacks territorial jurisdiction to entertain the complaint filed by the present respondents (hereinafter referred to as the complainant), under the provisions of Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) or not?

(2.) Accused (Petitioners herein) have assailed the order of summoning dated 10.9.2012 (in CRMMO Nos.102 & 103 of 2013) and order dated 24.9.29012 (in CRMMO No.104 of 2013), passed by Judicial Magistrate 1st Class, Court No.2, Kasauli, in the complaints filed by the complainant.

(3.) According to the petitioners, transaction, if any, took place only in Shimla and as such Courts at Kasauli had no jurisdiction to entertain the complaint.