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Judgment
R.L. Anand. J.—Counsel for the petitioners tried to convince this Court that the complaint has been filed in the court having no jurisdiction as no pan of cause of action had arisen within the territorial jurisdiction of Ferozepur Zhirka (Haryana) yet this court is not convinced in view of the citation 1999(1) R.C.R. 324. As the notice was given by the complainant upon the petitioners from Ferozepur Zhirka. in these circumstances it was obligatory on part of the debtor to find his creditor, where he is, therefore. Judicial Magistrate 1st Class, Ferozepur Zhirka had the territorial jurisdiction to entertain the complaint.
It was then submitted by the learned counsel in the alternative that Sandeep Thapar''s presence who is Managing Director of petitioner No. ] may be exempted during the pendency of the trial. The second prayer made by the learned counsel for the petitioner allowed. Presence of Sandeep Thapar is exempted provided the petitioner company shall nominate its representative to appear before the learned Magistrate in order to face prosecution as the cheque has been issued on behalf of the company under the signature of petitioner No. 2 Sandeep Thapar. In case the company fails to nominate any representative to appear on his behalf, presence of Sandeep Thapar shall not be exempted and in that eventuality he shall appear before the learned Magistrate. In the event of appearance of Shri Sandeep Thapar, the learned Magistrate shall not take him into custody. The parties through counsel are directed to appear before the learned Magistrate on 15.2.1999.
Order accordingly.