G.P. Mathur, J. - (1.) -This petition under Section 482 Cr.P.C. has been filed for quashing of the complaint and the summoning order dated 14.9.1980 passed by Special Judicial Magistrate Allahabad in Criminal Case No. 467 of 1980. Sri Bhuvaneshwari Prasad, learned counsel for respondent No. 2 has made a statement that inspite of repeated letters his client is not responding. He has sought permission of the court to withdraw from the case. The permission is accordingly granted.
(2.) The allegations in the complaint show that the complainant was appointed as wholesale agent and stockist of the firm Revon Pharmaceutical Pvt. Ltd. on 23.6.1977 of which Dr. A.N. Mehrotra is the Managing Director. There is further allegation that for nearly two years there was no dispute of any kind in the business dealing of the complainant and the firm and sometime in November 1979 the complainant went to Kanpur in order to settle his accounts. The accounts were settled on 14.11.1979 at Unnao where the applicants gave a post dated cheque of Rs. 1922.03 to the complainant. The said cheque was deposited by the complainant in his account at Allahabad on 19.11.1979 and then he was informed on 28.11.1979 that the cheque has been dishonoured. The allegations in the complaint show that there were business dealings between the complainant and the applicant for over two years, as the complainant had been appointed as wholesale agent and stockist of the firm of the applicant. There is no allegations in the complaint that at the time when the cheque was handed over to the complainant the applicant had any dishonest intention or he intended to cheat the complainant. That apart the accounts were settled at Unnao and the cheque was also given to the complainant at Unnao. In view of the allegations made in the complaint and the facts and circumstances of the case, it is apparent that no offence of cheating had been committed by the applicant at Allahabad. The learned Special Judicial Magistrate, Allahabad, had, therefore no territorial jurisdiction to entertain the complaint and take cognizance of the offence.
(3.) The petition under Section 482 Cr. P.C. is, therefore, allowed and the order dated 15.9.1980 summoning the applicant is quashed. Petition Allowed.;