Kumar Goyal v. Advanced Medical Optics P. Ltd.

AND
+ CRL.M.C. 1081/2010 & & Crl.M.A. No. 3832/2010
. .... Petitioners
Through Mr. Chirag M. Stu'off with Mr. Narendra
Kumal Goyal, Advs.

ADVANCED MEDICAL OPTICS P.LTD.
Through Mr. S.N. Mitr4 Adv.
AND a(
2013:DHC:6868 a l'
+ CRL.M.C. 108212010 & Cr1.M.A. No. 383412010
SV/ASTIK SALES CORPORATION & ORS.
Through Mr. Chirag M. Shloff with Mr. Narendra

Tlu'ough i\4r. S.N. Mitra, Adv.
AND
+ CRL.M.C. 108312010 & CI{.M.A. No. 3836/2010
Through Mr. Chirag M. Shroff with Mr. Nalendra
Kumar Goyal,'Advs.

Through I\4r'. S.N. Mitra, Adv. rI
+ CRL.M.C. 1084/2010 & CI1.M.A. No. 3838/2010
. .... Petitioners
Through Mr. Chirag M. Shroff with Mr. Nalendra
VETSUS
Through NIr. S.N. Mitra Adv.
AND
+ CRL.M.C. 108512010 & Cr1.M.A. No. 384012010
Through Mr. Chirag M. Shroff with Mr. Narentira

.... Respondent
Through Mr. S.N. Mitr4 Adv.
+ CRL.M.C. 1086/2010 & CI1.M.A. No. 384212010
.J..... Petitioners
Thlough Mr. Chirag M. Shroff with Mr. Narendra
VETSUS.
Through IvIr. S.N. Mifra Adv.
AND
+ CRL.M.C . 108712010 and Cr1.MA. No. 3844/2010
SV/ASTIK SALES CORPORATION & ORS.
Through Mr. Chirag M. Shroffwith Mr. Narendra
Kumal Goyal, Advs.
VETSUS
Thlough Mr. S.N. Mit4 Adv.
AND
+ CRL.M.C. 1088/2010 & Crl.M.A. No. 3846120i0
Through Mr. Chirag M. Shroffwith Ndr. Narendra
VET'SUS t6
I
Through Xdr. S.N. Mitr4 Adv.
AND
CRL.M.C . IL5/20I2 and Crl.M.A No. 435/2012
Through Mr. Chirag M. Shroffwith Mr. Narendra
Kurnar Goval. Advs.

ADVANCED MEDICAL OPTICS (I) P.LTD.
Through Nk. S.N. Mitr4 Adv.

HON'BLE MR. JUSTICE KAILASH GAMBHIR
ORDER I o/o 05.03.2013
Counsels appearing for the parties very fairly subrnit that earlier these petitioners had prefened two petitions under Section 482 of the Code of
Criminal Procedure to seek quashing of crirninal complaints filed by the respondents on the ground of lack of territorial jurisdiction of Delhi Court and vide order dated 3'd March,2010 passed by this Court in Crl.M.C. NO. 84212009 and Cr1.M.C. No. 843/2009 this Court took a view that Delhi
Court has no jurisdiction to entefiain and ny the said two complaints filed
Lry
!t' by the respondents and accordingly directed return of the two complaints to the respondents for presenting the same before the competent Court of jurisdiction. Counsel for the respondents submits that pursuant to the said order passed by this Court the respondents had already filed the said two criminal complaints before the Bandra Court, Mumbai. All these 10 petitions. have been filed by these petitioners under Section 482 Cr.P.C. for quashing of criminal complaint Nos.2204lll07, 22IllI/07, 22051t107, 221011107, 2203/U07, 220711107, 220811/07, 22091I/07, 220611107 and
322/1/10 filed by the respondents under Section 138 of the Negotiable
Instruments Act on the same ground of lack of territorial jurisdiction of
Delhi Court. It is admitted case between the parties that the cheques which were issued by the petitioners are subject matter of the same business transaction and indisputably all the cheques in question, which are subject matter of the present petitions were drawn on a bank in Mumbai and were dishonoured by the bank of drawer at Mumbai.
Considering the fact,that vide order dated 3'd March , 20lO this Court has already taken a view that Delhi Court has no jurisdiction to entertain and try these complaints, therefore, it is directed that all the complaint cases which are subject matter of these petitions be also returned to the
It
\s respondents within a period of four weeks from the date of this order and after return of these complaints the respondents will be at liberty to file the same before the competent Court of jurisdiction of Mumbai Courts. All these petitions are accordingly disposed of in terms of the above directions.
Copy of this order be given Dasti under the signature of the Court
Master to both the parties.
IR, J
MARCH 05,2013 rkr
A l /11
\vr'
ILASH GAMBH
KA a"