AASHIRWAD ENTERPRISES Vs. SAMBHAR SALTS LTD

JUDGEMENT

(1.) M/s Sambhar Salt Ltd. (Respondent No. 1) is a company registered under Companies Act,1956 manufacturing and selling iodised salts at Sambhar Lake, Distt. Jaipur. It is a Rajasthan Government undertaking and has its registered office at Lal Niwas 21, Sawai Ram Singh Road, Jaipur. It is a subsidiary company of M/s Hindustan Salts Ltd. which has its registered office at above men- tioned address but which is owned by the Central Government, State Bank of Bikaner & Jaipur Branch Office at S. M. S. Highway, Jaipur works as Banker to the Respondents Company.

(2.) M/s Aashirwad Enterprises (salts merchants) Dharam Shala Road, Seharsa, Bihar, the accused petitioner is a proprietorship concemed of Smt. Renu Devi, who is accused No. 2 in the complaint but not a party to this petition. This concern deals in salt at Dharamshala Road, Bihar.

(3.) ORDINARILY I would not have felt persuaded to decide the objections as raised by Mr. Garg as they all, in my opinion can very well be decided by the learned Magistrate at his level but looking to the too much insistence of Mr. Garg and to the pains taken by him arguing this petition for days together and with a view to shorten the life of this already prolonged litigation which may further be unnecessarily enlarged by raising the same arguments before the learned Magistrate. I have considered it proper to decide the objections raised by Mr. Garg. The first objection raised by Mr. Garg against Magistrate's action of taking cognizance of offence U/s 138 of the Act is that the learned Magistrate had no territorial jurisdiction in the matter in as much as the goods purchased was re- ceived, the payment therefore, was intended to be made and received through pe- titioners banker and the cheque was drawn and delivered to Respondent's agent/ servant at Seharsa (Bihar ).