SUNIL SOMNATH GHUMARE Vs. FIL INDUSTRIES

JUDGEMENT

(1.) Petitioner has invoked the jurisdiction of this Court in terms of Section 561-A of Criminal Procedure Code for quashing the, proceedings drawn in complaint titled FIL Industries Limited v. M/s. Vasundhara Seeds and Anr., under Section 138 of Negotiable Instrument Act, by Judicial Magistrate 1st Class (Sub-Registrar), Srinagar, and, orders dated 14th October, 2004 and 5th Feb., 2005, passed in the said complaint, on the grounds taken in the petition, which can be aptly and precisely summarized as under :- That the trial Court i.e. Judicial Magistrate 1st Class (Sub-Registrar), Srinagar, is not having territorial jurisdiction to try the case.

(2.) The cause of action has not accrued in terms of Section 138 of the Negotiable Instruments Act, at Srinagar.

(3.) Petitioner (alleged accused No. 2) is neither proprietor of the firm nor responsible for conduct of the business of the firm in any way.