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2006 Supreme(J&K) 173

MANSOOR AHMAD MIR
Sunil Somnath Ghumare – Appellant
Versus
FIL Industries – Respondent


Advocates Appeared:
Advocate For Appellant: A.M. Magray
Advocate For Respondent: Irfan Noor

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 Vs. M/s Vasundhra Seeds and anr., under Section 138 of Negotiable Instrument Act, by Judicial Magistrate Ist 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:-

2. That the trial court i.e. Judicial Magistrate Ist Class (Sub-Registrar), Srinagar, is not having territorial jurisdiction to try the case.

The cause of action has not accrued in terms of Section 138 of the Negotiable Instrument Act, at Srinagar.

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

Heard.

3. It is alleged in the complaint that accused issued cheque for an amount of Rs.3,45,772/- which was to be drawn at Devayana Sahakri Bank Limited, Kopergaon. Complainant presented it before UCO Bank, Budshah Chowk, Srinagar, on 9th April, 2002. The complainant was informed by the Bank authorities tha































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