Kamla Devi v. Mahindra & Mahindra Financial Services Ltd.
2011-08-04
SANDEEP MEHTA
body2011
DigiLaw.ai
JUDGMENT 1. - The misc. petition has been filed challenging the proceedings going on against the petitioner for the offence under Section 138 of Negotiable Instruments Act which have been initiated against the petitioner at Jodhpur. 2. The complaint was filed in the Court of Additional Chief Judicial Magistrate No. 2, Jodhpur simply on the ground that the head office of the company is at Jodhpur. It may be stated here that thereafter the complaint was transferred to the Court of the Judicial Magistrate No. 5, Jodhpur. 3. The learned counsel for the petitioner has relied upon the case of Harman Electronics (P) Ltd. (M/s.) vs. M/s. National Panasonic India Ltd., 2008 CrLR (SC) 928 : 2009 (1) NIJ 107 (SC) . The learned counsel for the petitioner submits that simply because the head office of the company is in Jodhpur or the legal notice has been issued from Jodhpur, the Court at Jodhpur does not attain jurisdiction. The complaint can only be filed where the cause of action took place. Admittedly, in this case, no part of cause of action has taken place within the territorial jurisdiction at Jodhpur. 4. Accordingly the petition is, hereby, allowed. The proceedings against the petitioner in the Criminal Case No. 112 of 2010 now pending in the Court of Additional Chief Judicial Magistrate No. 5 are, hereby, quashed on the ground of lack of jurisdiction and the complaint file is directed to be transferred to the Court of Chief Judicial Magistrate, Nagaur for trial. 5. The Chief Judicial Magistrate Nagaur is directed that on receipt for the file proceed with the trial expeditiously. 6. Both the parties are directed to remain present before the Court at Chief Judicial Magistrate Nagaur on 7.9.2011. 7. The Additional Chief Judicial Magistrate No. 5, Jodhpur is directed to send the file of the complaint of the Chief Judicial Magistrate, Nagaur immediately.Petition Allowed. *******