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2018 Supreme(J&K) 678

SANJAY KUMAR GUPTA
Harsh Mahajan – Appellant
Versus
Apex Builders – Respondent


Advocates Appeared:
For the Petitioner:Ms. Veenu Gupta, Advocate.
For the Respondent:Mr. Z. N. Sheikh, Advocate.

JUDGMENT :

1. In the petition, the petitioners inter alia have sought multiple reliefs :

(a) Firstly, the petitioners sought transfer of criminal complaint from the court of learned Judicial Magistrate 1st Class, Baramulla to any other court of parallel competent jurisdiction at Jammu.

(b) Secondly, they prayed that the criminal complaint pending before the court below be quashed while exercising the powers u/s 561-A Cr.P.C.

(c) Thirdly, they have also sought the order dated 29.03.2017 passed by the learned Judicial Magistrate, Baramulla by virtue of which cognizance has been taken, be quashed.

2. In the petition, it has been stated that petitioner No.1 is the Marketing head whereas petitioner No.2 is the Managing Director of M/s Niagara Metals India limited. M/s Niagara Metals India limited is a reputed company of India incorporated in the year 2004 under the Companies Act, 1956 and is engaged in manufacturing of Heavy Steel Fabrications, Design, Detailed Engineering, Fabrication, Supply and Construction of Pre-Engineered/Pre-Fabricated Steel Structural Buildings (PEB) on Turnkey basis. M/s Niagara Metals India limited was established as an Indo-American Joint Venture patronized by the































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