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A.P.SHAH
Rajchand Tea Industries and Ors. – Appellant
Versus
Judicial Magistrate Chhatttisgarh and Anr. – Respondent


Advocates:
Counsel for the Parties:
For the Appellants in W.Ps. 16503 to 16508 and 17183, 17241 to 17246 of 2006 and 23153 to 23155 of 2006, 5598, 5599, 6063 and 6064 of 2007:Mr. A.R.L. Sundaresan, Senior Advocate for Mr. M. Jayaraman, Advocate.
For the Appellants in W.Ps. 23153 to 23155 of 2006, 5598, 5599, 6063 and 6064 of 2007:Mr. M. Devaraj, Advocate.
For the Respondent No. 2:Mr. Vijayanarayanan, Senior Counsel for Mr. R. Vivekananthan, Advocate.

JUDGMENT

P. Jyothimani, J.— In all these cases, the common point involved relates to the jurisdiction of this Court under Article 226 of the Constitution of India, to quash the Private Complaints given by the drawees in respect of cheques, for the offence under Section 138 of the Negotiable Instruments Act, 1881 (in short, “N.I. Act”) and also the power and jurisdiction of this Court in effecting transfer of those cases, which are pending outside the jurisdiction of this Court to the Courts within its jurisdiction.

2. Writ Appeal Nos. 1463 to 1469 of 2006 are filed against the common order of the learned Single Judge passed in W. P. Nos. 34289 to 34295 of 2006. These are cases relating to un-numbered process in respect of the matters stated to have been initiated before the first respondent, Judicial Magistrate Class First, Raipur, Chhattishgarh State.

3. The case of the petitioners is that, they are having Tea factory at Katabetu, Nilgiris District. Even though they are not owning any Tea Plantation, the petitioners used to get supply of tea leaves from small growers of Tea Plantation in Nilgiris District and they are involved in manufacture of black tea. According to the petitioner

























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