In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-25650 of 2010 (O&M) Date of decision: 8.9.2010 Hygenic Palm Oil Pvt. Ltd. and another ......Petitioners Versus M/s Jagdamba Oil and Genral Mills .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.R.Nijhawan, Advocate, for the petitioners. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing criminal complaint titled M/s Jagdamba Oil and General Mills, Kaithal vs. Hygenic Palm Oil Pvt. Ltd. and others under Sections 138/ 141 of the Negotiable Instruments Act, 1881 (Annexure P-1) pending before the Sub Divisional Judicial Magistrate, Guhla District Kaithal and all the subsequent proceedings arising therefrom. Learned counsel for the petitioners has submitted that the Court at Guhla does not have the jurisdiction to deal with the matter as the orders for purchase of goods had been placed by the petitioners at Ahmedabad. After hearing learned counsel for the petitioners, I am of Criminal Misc. No.M-25650 of 2010 (O&M) -2- the opinion that the present petition is devoid of any merit and deserves to be dismissed. A perusal of the complaint (Annexure P-1) reveals that the complainant firm was running the business of processing of oil seeds and sale of oils at Cheeka Tehsil Guhla. The petitioners had purchased oil from the complainant firm. In these circumstances, at this stage, it cannot be said that the Court at Guhla does not have the jurisdiction to try the complaint. The cheques issued by the petitioners towards part payment in discharge of their liability had been dishonoured due to 'insufficient funds'. In these circumstances, the trial Court had rightly passed the summoning order. The revision petition filed by the petitioners has been dismissed by the learned Additional Sessions Judge vide order dated 2.8.2010. Learned Additional Sessions Judge has further ordered that the application moved by the petitioners seeking exemption from their personal appearance shall be dealt with by the trial Court favourably and the personal appearance of the petitioners except on material dates will not be insisted upon by the trial Court. Hence, no ground for interference by this Court is called for. Accordingly, this petition is dismissed. (SABINA) JUDGE September 08, 2010 anita