IQBAL MALHOTRA Vs. TRANS ASIAN INDUSTRIES

JUDGEMENT

(1.) Petitioner, in essence, seeks quashment of the proceedings initiation on the complaint filed by the respondents before the Court of Judicial Magistrate 1st Class (Sub Registrar), Srinagar, including order dtd. 12/3/2015, in terms whereof process has been issued.

(2.) Respondents have filed a complaint titled "Trans Asian Industries Exposition Pvt. Ltd. and others Vs. Mr. Iqbal Malhotra" before the Court of Chief Judicial Magistrate, Srinagar, which has been transferred to the Court of Judicial Magistrate 1st Class (Sub Registrar), Srinagar. In support of the complaint statement of the complainant has been recorded on oath. Judicial Magistrate vide order dtd. 14/2/2015, after entertaining the complaint, has postponed the process and in terms of Sec. 202 Cr. P. C directed SHO, P/S Ram Munshi Bagh to enquire into the matter and to submit the report. SHO, P/S Ram Munshi Bagh had shown inability to enquire into the matter on the ground that the area of occurrence is beyond his territorial jurisdiction as the area falls within the territorial jurisdiction of Police Station, Kothibagh. Taking note of the same, Judicial Magistrate, in terms of order dtd. 21/2/2015, has directed SHO P/S Kothibagh to enquire into the matter who, accordingly, submitted the report. After considering the said report, Magistrate has issued the process under Sec. 204 Cr. P. C vide order dtd. 12/3/2015.

(3.) According to learned counsel for the petitioner, petitioner and respondents have business transactions. They are entangled into litigation. Petitioner had filed a complaint bearing No.66/1/12 before the Court of Metropolitan Magistrate, Patiala House, New Delhi. To counter the same, respondents have filed a complaint at Srinagar.