IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.3217 OF 2014 BETWEEN:
1. SRI. N.L.SHAH, AGE 70 YEARS, ALLEGED TO BE MANAGING DIRECTOR.
2. SRI.SANJAY KANORIA, AGE 56 YEARS, ALLEGED TO BE DIRECTOR.
3. SRI.SANJAY AGGARWAL, AGE 55 YEARS, ALLEGED AS DIRECTOR.
(SIRUGUPPA SUGARS AND CHEMICALS LTD.,) R/AT WINSOME INTERNATIONAL LTD., NO.28/1, SHAKESPEARE SARAN (I FLOOR), 11 & 12 GANGA JAMUNA BUILDING, CALCUTTA - 700 017, WEST BENGAL.
4. SRI.ASHOK KAUSHIK, AGE 50 YEARS, ALLEGED AS GENERAL MANAGER & C/O THAVI ENTERPRISES, 2/3 KOLANDAPPA GARDEN, GAJENDRA NAGAR (ANNEPALYA), ADUGODI POST, BANGALORE - 560 030. …PETITIONERS (BY SRI. RAVI B NAIK, SENIOR ADVOCATE FOR SMT.VIJETHA R NAIK, ADVOCATE) AND:
G.S.S.K. OFFICIALS AND EMPLOYEES ASSOCIATION (R) & SUGAR MILL EMPLOYEES UNION (R), OPP. SIRUGUPPA SUGARS AND CHEMICALS LTD., SUBBA REDDY BUILDING (UPSTAIRS), GOWRIBIDANUR.
REPRESENTED BY ITS PRESIDENT, SHRI.C.S.MOHAN. ...RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO (a) SET ASIDE THE ORDER DATED 15.05.2014 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHICKBALLAPURA IN CR.RP.NO.88/14, (b) SET ASIDE THE ORDER DATED 17.04.14 PASSED BY THE ADDITIONAL CIVIL JUDGE, AND JMFC, GOWRIBIDANUR IN C.C.NO.11/2007, (c) QUASH THE PROCEEDINGS IN C.C.NO.11/2007 (OLD NO.259/2003) PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, GOWRIBIDANUR.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned senior counsel appearing for the petitioner.
2. Petitioner has sought to set aside the order dated 15.05.2014 passed by the Principal District and Sessions Judge, Chickballapura in Crl.R.P. 88/2014 and the order dated 17.04.2014, passed by the Additional Civil Judge & JMFC., Gowribidanur in C.C. No.11/2007 and to quash the proceedings in C.C.No.11/2007 (old No.259/2003).
3. The above proceedings are arising out of a private complaint filed by the respondent herein, in PCR. No.32/2003, which is now culminated into C.C.No.11/2007 (Old. No.259/2003), wherein the respondent sought action against the petitioners for violation of the mandatory provisions of Section-29 of the Industrial Disputes Act.
4. This Court, by an interim order dated 29.05.2014, observed that since there is an apparent violation of the mandatory provisions of Section 202 of the Criminal Procedure Code, 1973, the petition could be disposed of summarily.
5. Indisputably, the petitioners herein are the residents of Kolkatta which is located beyond the territorial jurisdiction/limits of the Additional Civil Judge and JMFC., Gowribidanur, who has taken cognizance of the alleged offence and issued summons to the petitioner. In view of the dictum of the Hon’ble Supreme Court, in the case of National Bank of Oman –vs- Barakara Abdul Aziz, (2013) 2 SCC. 488, it is now well settled that in cases where accused resides beyond area over which Magistrate concerned exercises jurisdiction, it is incumbent upon the Magistrate to conduct an enquiry or order investigation under Section 202 of Cr.P.C., before issuing process/summons. Since, this mandatory requirement has not been followed, the impugned proceedings initiated against the petitioners cannot be sustained.
Accordingly, the petition is allowed. The impugned order dated 17.04.2014 passed by the learned Additional Civil Judge and JMFC., Gowribidanur, in C.C.No.11/2007 (old No.259/2003) and subsequent order dated 15.05.2014 passed by the learned Principal District and Sessions Judge, Chikkaballapur in Crl.R.P.No.88/2014 are hereby quashed. The matter is remanded to the learned Additional Civil Judge and JMFC. Gowribidanur for compliance of Section202 of Cr.P.C., and thereafter to proceed in accordance with law.
Sd/- JUDGE VR