AGGARWAL AND CO Vs. MAHINDRA AND MAHINDRA LTD

JUDGEMENT

(1.) THE Punjab Tractors Limited, a Company incorporated andregistered under the Companies Act, 1956, having its registered office at Phase IV, Industrial Area, S.A.S. Nagar-Mohali,Chandigarh, and Mahindra and Mahindra Limited, a Companyincorporated and registered under the Companies Act, 1913, havingits registered office at Gateway Building, AppolloBunder, Mumbai, with which the former is stated to have merged, filed various Complaints before Judicial Magistrates at Srinagar againsttheir Dealers for proceeding against them for dishonour of Chequesthat they are stated to have issued to discharge their existingliability of the money payable for the Tractors, Spare Parts andAccessories which they had purchased on credit from the two Companies, and non-payment of the amount covered thereby, despite Notice.

(2.) TAKING cognizance on the Complaints of the Companies, the herein respondents, the learned Magistrates issued process against the petitioners, the Dealers of the Companies.

(3.) THE petitioners question the jurisdiction of the learned Magistrates at Srinagar to entertain the respondents' Complaints and issue process thereon, when the Transactions had taken place, the Cheques drawn and the places where Notices under Clause (b) of the Proviso to Section 138 of the Negotiable Instruments Act, were sought to be delivered/served, were situated outside the State of Jammu and Kashmir.