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2012 Supreme(Mad) 3336

S.MANIKUMAR
M. Palanichamy – Appellant
Versus
Union of India Rep. by Secretary to Government, Law Department, New Delhi – Respondent


Advocates appeared:
For the Petitioner:S.N. Amaranath, Advocate.
For the Respondents:M/s. Giridhara Rae & D.R. Raghunath, Advocates.

Judgment :-

1. Whether the High Court of Judicature, Madras, can issue a writ in the nature of Declaration and set at naught the proceedings initiated on a private complaint under the provisions of the Negotiable Instruments Act, 1881, before the criminal court outside the territorial jurisdiction of the Madras High Court is the moot question raised in this writ petition.

2. At the foremost, it has to be taken note of that the petitioner has already raised a similar question before the Bombay High Court in Criminal Writ Petition No.409 of 2010 and vide order dated 08.02.2010, the Bombay High Court, has directed the petitioner to raise the dispute before the concerned criminal court and the same has been raised by the petitioner and answered in Criminal Revision Application No.56 of 2010 on 15.04.2010. Despite the same, the petitioner has urged the same contentions in this writ petition by way of a writ of declaration, hence the adjudication.

3. The petitioner, Managing Director of M/s.Galaxy Amaze Kingdom Ltd., Chennai, has filed the present writ petition for a declaration, declaring that when the jurisdiction with regard to the settlement of dispute is restricted between the parti

































































































































































































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