RAJAT ENTERPRISES Vs. VIDEOCON INDUSTRIES LTD.

JUDGEMENT

(1.) Respondents though were put on notice but have not chosen to appear, therefore, matter is taken up for consideration in their absence. Based on the complaint and the statements recorded of one witness and the complainant in support of the complaint, trial court has taken cognizance vide order dated 12.5.2010, as such, has issued process against the Petitioners(accused) for commission of Offences punishable under Section 417, 418 and 420 RPC. Aggrieved thereof, instant petition has been filed seeking quashment of the entire proceedings.

(2.) According to learned Counsel for the Petitioners on the count of default in making due payments, the criminal complaint could not be filed as the transaction was civil in nature, no offence at all on the showing of the complainant is made out. Additionally business has been transacted in Rajasthan where the Petitioners reside and are carrying on their business and at Aurangabad where the Respondent has its registered office, so there was no cause or occurrence within the territorial limits of Srinagar; therefore, taking of cognizance by the trial court is without jurisdiction.

(3.) Respondent is a public limited company with its registered office in Aurangabad and branch offices all over India including its office at Darul-Owais, Rajbagh Srinagar. Being leading manufacturer and seller of electronic items and consumer durables in the trade name of ''VIDEOCON'' has business all over the country. The Petitioner (accused) is engaged in the trade of electronic goods besides doing the business of trading with electronic goods appliances and gadgets, was also dealing in sale of goods manufactured by the Respondent (complainant) company on credit basis.